Gratuity

Santanu Saha (Querist) 16 August 2020 This query is : Resolved
Dear Sir/Madam,

I intend to resign my existing organization on 30/08/2020. i have joined the organization on 04/01/2016,

Can i claim for gratuity? If not then when should i resign latest to claim the gratuity.

Thnaks

Santanu

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Quick Summary

To be eligible for gratuity, you generally need to have completed a minimum of five years of continuous service with an organisation. In this case, the individual joined on 04/01/2016 and planned to resign on 30/08/2020, meaning they had not met the five-year requirement. Therefore, they were not eligible to claim gratuity at that time. Some High Courts have made rulings that completing 240 days in the fifth year can count as five years of service, but these are only applicable within their specific jurisdictions.

Advocate Bhartesh goyal (Expert) 16 August 2020
Since you have not completed continuous service of five years so you are not eligible to get payment of gratutuity.As you have joined organization on 04-01-2016 and to get gratuity you have to work there at least five years I.e 04-01-2021.

Message likes : 1 times

Shilesh Patel (Expert) 16 August 2020
Agreed with Expert bhartesh goyal sir.

Message likes : 1 times

Isaac Gabriel (Expert) 16 August 2020
It has been recommended to reduce the minimum period of service to one year from 5 years.Wait for orders.

Rajendra K Goyal (Expert) 16 August 2020
Not eligible in the given condition.

kavksatyanarayana (Expert) 16 August 2020
You are not eligible for gratuity as you have not completed the minimum service required to get the gratuity.

P. Venu (Expert) 17 August 2020
Yes, an employee would be eligible of gratuity on completion of five years of service. However, the Kerala and Madras High Courts have held that completion of 240 days service during the fifth year would constitute five years of service. But those rulings are binding only within the jurisdiction of those High Courts.

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