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

Page no : 16

Kumar Doab (FIN)     18 May 2016

The establishment works for how many days/week;6 or less than 6?

All off days/holidays etc are counted in 190/240days.

Have you submitted FormI?

Count from DOJ till LWD.

Nagabhushan Nayak   20 May 2016

Dear sir,

I have a query on gratuity eligibility, kindly help me... I work for an construction company and i have resigned from my post and currently am in the notice period. After I got to know from this page that, if employee has served continous for 240 days in the 5th year, he is eligible for gratuity amount. I have spoken this with my HR, but he refused that, only after completion for 5 years , I am elgible for gratuity amount , Later he said to me that, if you have any recent ammended judgement from supreme courth or ammended notification from Gratuity ACT to share or circulate with him, so that HR can take forward the same with my company management.

I also have another confusion that, there was a discussion that, employee is elligible for gratuity amount if he has served for 4 years 10 months 18 days. now whats this difference between 240 days and 4 years 10 months 18 days ???

Pl clarify and also I request you to share with us, if there is any recent ammended copy or judgement available, if yes, where we can get that copy.

Kindly suggest and help


Nagabhushan Nayak

Kumar Doab (FIN)     20 May 2016

Nagabhushan Nayak,


This issue has been discussed in detail in long;;;23 pages of this thread.

NO citation is required.


The Payment of Gratuity Act,1972 is a statue and it is inserted in the statue that if employee has worked for 190/240 days per year and 190/240 days in 5th year employee is eligible.

It is also provided for that if 'ANYONE' avoids to pay Gratuity there is provision of penalty of Rs.20000/ and imprisionment.


Narayan Sahu   09 June 2016

Dear Sir,

I have completed 4 years 11 month in my current Organisation. Now I just want to resign by giving Short Notice Period of 15 Days. As per company policy, Notice period to adhered for 30 Days.

So please tell me short notice period of 15 days or less will not hamper to my Gratuity calculation. 

Please clarify this Sir.

Thanks & Regards

Narayan Sahu





Kumar Doab (FIN)     09 June 2016


It should not.

The eligibility for Gratuity and  how to apply and get Gratuity has been discussed unlimited number of times in this thread.


subir Gupta   18 July 2016

Respected Sir,

Thank you for your valueable advice.Now I want to inform you one thing more that I was posted at project site & where week count was 6 days.& myself not resigned from company. They leaved me.In my case Supreme courts verdict ( 4 years 240 days for 5 day week) is applicable or days counting process will be different ?.My total working period in  company was 4 years 301 days with all approved leaves.

Kindly give me your valuable advice.

Kumar Doab (FIN)     18 July 2016

@ Subir Gupta,

You have worked for 4Y301D.

The points raised by you have been illustrated many times in 24 pages of this thread.

You may act on the advise in facts similar to your case.


Submit FormI under proper acknowledgment.

Ashok   01 August 2016

Hi, I have a doubt.. Regarding gratuity eligibility.

I joined in the company on 09.01.2012 and resigned on 01.08.2016 + (1 month notice period). my company works 5 days a week. 

Am i eligible for the gratuity?

Please reply for my query.


Kumar Doab (FIN)     01 August 2016

@ Ashok,

The similar query has been dicussed unlimited number of times.

Notice period is counted in service period.

By the end of notice period you shuld be completing: 04Y07M022D


Since the establishment works for <6days /week, if you complete 04Y in service and 190days in 5th year you should be eligible.




Nitesh Chandra Mathur   25 August 2016

Pls suggest very clearly as per law . How many minimim day's should be counted in fifth 5 year. It's very necessary in my knowledge. Due to its members going to Resign from my current organisation. By today I m complete 4 year 9 month only. Pls Thanks

Kumar Doab (FIN)     25 August 2016

@ Nitesh,

This has been answered unlimited number of times in this highly illustarted thread.

Pls read slowly and carefully.

190/240days if establishment works for 6/less than 6days/week.


Hanish   30 September 2016


I am Hanish Vohra, I have completed 4.9 years in IT company (5 days per week). My company is saying i am not elligible for Gratutity because I didn't complete 5 years. I discussed regarding 4 year 8 month policy but they are saying that is govt rule and our company is private and it's come under private trust so you are not elligible and one more thing In offer letter also they mention they will give gratutiy after completion of 5 years.

Please suggest me. Whether I am elligible for Gratutity or not,

Kumar Doab (FIN)     30 September 2016

The query has been discussed unlimited number of times in this thread and other threads.


IT companies are covered by Shops & Estbs Act, and Gratuity Rules of such estbs are  covered by Payment of Gratuity Act,1972.


So you are eligible.


Saying,asking.telling are all verbal modes and difficult to prove.


Write under proper acknowledgment that 'Notice of Determination of Gratuity' and payment of Gratuity has not been supplied to you, and FormI is attached and ask to acknowledge the reciept.




Kumar Doab (FIN)     30 September 2016

Some employees resolve by their own skills.

Or take support and help of many IT/ITeS employe's unions/trade unions.


Or lean on a very able counsel specializing in labor/service matters.


sumit   01 October 2016

Dear Sir, Requesting you to all to reply on my query, please. My name is Sumit and working in private company.I joined this company on 30th Jan 2012. I am working regularly in this company since 31th Aug 2016 . This company has 5 days working.  Now I left the organization on 31th August 2016. Will I entitle for gratuity/eligible after working above time period. Company will have to pay me at any cost without any dispute? But I don't know exact calculation of days for 5 working days Company? Please reply me because said that you are not completed your 190 days. do not know what is these 190 days and how they calculate.i have completed 4 years and 7 months there and at time of resgnation i have 24 leaves in my account.i am eligible for gratuity,
Sumit Kumar Dixit
Mobile 9717580690

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