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Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Page no : 15

Lokesh H   12 January 2016


I have completed 4 years 6 months 20 days in an organization which is working 5 days in a week according to Gratutity amendmengts (4 Years 190 days for 5 days working organization in a week) I am elgiglbe for the Gratuity, I have request the company for the Gratuity but company is rejected to pay the Gratuity, now what can I do to get my Gratuity, please sugest me if there is any other (legar) way to get my gratuuity.


Thank You

Kumar Doab (FIN)     12 January 2016

@ Lokesh,

The detailed discussion in this thread provides answer to the query.

Did you ask to pay in writing? Did you submit FormI, under proper acknowledgment?

Has the company declined to pay in writing?



1 Like

Lokesh H   12 January 2016

Hello Sir, Yes, I have requested for the Gratuity in wirting, not in FormI. Please suggest me.

Kumar Doab (FIN)     14 January 2016

@ Lokesh,

Submit FormI under proper acknowledgment.

The detailed discussion in this thread provides answer to the query and steps that you can take.

Go thru the posts in the thread carefully.


Employee's/Trade Union leaders,Labor Law Consultant can help you.


Y PERLA (Mech Engineer)     29 March 2016

I worked for 4 years 11 months in my previous organization. I have submitted the form I to the emplyer and I got the below rejection letter for gratuity.


Kumar Doab (FIN)     31 March 2016

NO attachment is found.If the declinature to pay is based on 5 years of service then  the query posted by you has been clarified endeless number of times.


Use the inputs and escalate to good offices of appointing authority,MD,Chairman under proepr acknowledgment and resolve applying your own skills or entrust to your able counsel specializing in labor-service matters. 

Ramanand Rawat (Officer BD)     02 April 2016



I have worked 4 years 9 months in a limited company and there I was on contract for 1 year and rest of the period I was on roll. I need your suggesstion whether I am eligible for gratuity.please advise



Ramanand Rawat

Kumar Doab (FIN)     02 April 2016

If your service/engagement on contarct was regularized as continuous service on record then there should be no issue.

If the contract was for employer-employee relationship, then it should be manageable.

There are certain decisions that indicate: consultants also eligible.


You  may show all employment related docs examined in detail and designation and nature of duties examined by an able Labor Law Consultant/Service matters lawyer and your counsel can opine, finally.

Kumar Doab (FIN)     11 April 2016

NO more queries posted are featuring in this thread.

Probably it has exceeded maximum number of pages.

Vinayak   18 April 2016

Dear all,

I have joined my previous organization on 8-01-2010.

Last working day was- 3-11-2014 (total 4Yrs 306 days in last working year)

Company workes 6 Days a week.

That was not a good prefessional company and was a normal Pvt Ltd company. There were no hygene HR practies.

The company has not given me any gratuity and it was not mentioned in my CTC calculation also. Am I aligible for gratuity?. With the above comments, it looks like I was eligible. HR has not intimated anything about gratuty during relieving.

please suggest with the details whether I am eligible and with related documents to claim the same.

in case they reject, what should I do? as per the calculation it is a considerable amount in my life.






Kumar Doab (FIN)     18 April 2016

@ Vinayak,

The similar query has been addressed many times in this thread.

You may submit a written representation under proper acknowledgment that 'Notice of Determination of Gratuity' and payment has not been supplied to you till date (despite representations in office) and FormI is attached.


FormI can be downloaded from this thread also.

Madhavan   20 April 2016

Hi sir,

I have joined a company called ASM on 5th Sep 2011 and my last working will be in company on 6th May 2016 i.e including notice period . So I am about to complete 4yrs 8 months 8 days on  May 13th 2016. but  I recevied reply from HR  that as per the gratuity act and ASM you need to complete 5years to be eligible for receiving gratuity.4.8 months will not be eligible and qualified 

Note: My company is located in Bangalore and i am deupted to the client place in chennai.

I would like to know am I eligible for gratuity?

Thanks madhavan

Kumar Doab (FIN)     20 April 2016

@ Madhavan,

The query posted by you has been discussed unlimited number of times in this thread with soloution.

Did you submit FormI under proper acknowledgment?

Has the company posted declinature in writing?

amit   17 May 2016


I am workining in software company,

I had join this company on 20 June 2011. 

If i server 1 month notice period from 20 May 2016 , then should i eligible for gratuity or i need to complete 5 year without notice period ?



Ritesh Maity (Labour Law Advocate)     18 May 2016

If you have worked for 240 days in the 5th year, then you are eligible for gratuity. For the purpose of calculation of 240 days, till your last day of work will be considered. 

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