Payment of gratuity under gratuity act 1972

This query is : Resolved 

Online (Querist)
22 January 2021

The experts
If the terms & conditions of an employee is silent on payment of gratuity, then a employee who served the company for more than 5 years continuously (precisely 10 years 7 months) can claim gratuity under gratuity act 1972?
I am asking the query as because as per sec 4A Gratuity Act 1972 a person who served the Company for more than 5 years continuously is entitled to claim gratuity.
Abhijit Majumder

SHIRISH PAWAR, 7738990900Online (Expert)
22 January 2021


If a person in continuous service of 10 years and 7 months then he is entitled to gratuity. It will not matter that terms and conditions are silent on payment of gratuity.

Advocate Bhartesh goyalOnline (Expert)
22 January 2021

Payment of Gratuity Act applies on those concerns where ten or more than ten persons are employed or works and employee must have worked continuous in service of more than five is immaterial that terms and conditions of employment is silent in regards to gratuity.if employer and employee fulfill the above conditions than you are entitled to get the benefit of gratuity

kavksatyanarayanaOnline (Expert)
23 January 2021

If in that company more than 10 employees working then you will get gratuity as you worked 10 years above.

abhijit majumderOnline (Querist)
25 January 2021

Thanks To all experts
Abhijit Majumder

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