Regarding gratuity amount

Querist : Anonymous (Querist) 06 September 2023 This query is : Resolved
Hi Everyone,
I joined in an organization on 2nd Jan 2019 as a Intern, my intern was 3 months period. After they recommended me as Trainee from 1st of April 2019. Now I am in a notice period and my last date is 29-09-2023. But they considered my joining date as 01-04-2019 and when I calculate my total experience from joining date, it is 4yrs and 6 months. But when I calculate from Intern, it is 4 years and 9 months. Please clarify me whether I am eligible for gratuity or not. Whether they will consider my intern period, but I have worked in live projects in my Intern period. Please Clarify.

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An employee is seeking clarification on their gratuity eligibility, as their organisation is not counting their 3-month internship period. According to Indian Gratuity Act, 1972, 5 years of continuous service is generally required. While some court rulings allow eligibility after 4 years and 240 days, these are state-specific. Typically, internship periods are not counted, and service is considered from the official trainee joining date. Therefore, with 4 years and 6 months of service from the trainee date, the employee is likely not eligible for gratuity.

kavksatyanarayana (Expert) 06 September 2023
According to the Gratuity Act of 1972 in India, an employee is eligible for gratuity if they have completed at least five years of continuous service with their current employer. So, you are not eligible for gratuity as you have completed only 4 years and 6 months is correct. The Madras and Kerala High courts in their judgements ordered those who have completed 4 years and 240 days of service to be eligible for gratuity. But the judgements are only to their states.

Advocate Bhartesh goyal (Expert) 07 September 2023
Your services will be counted from the day of joining service not from the joining intership.your service will be counted from joining training I.e 01-04-2019 .probation ,notice and training period are considered services period.Since you have not completed 4 years and 240 day service so not eligible to get gratuity amount.

T. Kalaiselvan, Advocate (Expert) 08 September 2023
For the calculation five continuous periods of service, leaves, sick or general will be taken in to account. Temporary staffs will also be eligible under gratuity payment eligibility. However, interns or apprentices are not eligible.
if an employee worked for 4 years and 8 months, the duration is considered as 5 years of continues service and he is eligible for gratuity. However, if the employee has worked for 4 years and 6 months, it is treated as less than 5 years and no gratuity will be payable to an employee.

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