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Gratuity eligible

(Querist) 03 July 2013 This query is : Resolved 
please clarify my doubt on gratuity eligibility,

I have joined in my previous company on 08-09-2008 and left the company on 07.03.2013 my total service is 4.6yrs, as per my appointment order i need to serve three months notice period but i have served one month notice period after that company has recovered balance two months salary in my final Settlement after deducting of my notice period amount my total service is 4.8 yrs, so please clarify whether i am eligible for gratuity?

Kumar Doab (Expert) 03 July 2013
Include 1 month of notice period served by you in service, and thus obtain DOJ and correct DOL.
Payment of Gratuity Act, 1972
Section: 2A: continuous service;
(2) (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
{190 days in 5th year of service in case of establishment which works for less than 6 days say 5days/week}
(ii) two hundred and forty days, in any other case;
Thus, if you have worked for 190 or 240 days in 5th year of service, you should be eligible.

Section: 4: Payment of gratuity.

(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
{Thus if the employer wants it can pay gratuity even if you have not completed 190/240 days in 5th year of service}
Raj Kumar Makkad (Expert) 03 July 2013
As you do complete 4 years and 240 days hence are entitled for the grant of gratuity.

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