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

Page no : 17

Kumar Doab (FIN)     01 October 2016

@ Sumit,


You have posted that: 'This company has 5 days working.....................i have completed 4 years and 7 months'.

Your calculation is correct, upto 31st Aug 2016 from 30th Jan 2012.

It has been discussed many times in this thread also that:

All off days/holidays/approved leave/notice period etc ......ia counted in 190/240 days.


You are eligible.




Kumar Doab (FIN)     01 October 2016

@ Sumit,

When employee separates from employment with employer, the employer is under obligation to supply the 'Notice of Determination of Gratuity' and payment of gratuity within 30 days from LWD or interest @ 10%pa has to be paid, for the delayed period.

Even if employee has not made any application.

Many employers settle payment of Gratuity along with FnF.

Employee can also submit FormI, 30 days in advance from LWD.

Of course employ should submit everything under proper acknowledgment.


The employer shall compute leave encashment in FnF statement.

Karthika   11 October 2016

Dear Sir,

Im working in MNC company for the past 4 years and 3 months. Due to some project unavailablity my branch is going to close. And they are going to lay off us.

In this position Im I eligibile for gratuity.




Kumar Doab (FIN)     11 October 2016

Lay Off; implies that you would be offerred alternative work.

It is upto you to join.

Or are they asking to resign?


Or are they inviting for negotiations?


Post full details.


Nysa Sharma   07 December 2016

Hi Sir,


I work in a Software company which is 5 days working in a week. I joined on 18/06/2012.

Will I be eligible for gratutity if I am planing to leave company by 18/02/2017?(ie last day on 18/02/2017).Also please do let me know if I am eligble for the same if I plan to leave by 01/02/2017.

Also do they count the remaining vacation/sick leave that we have in the 190 days?



Kumar Doab (FIN)     09 December 2016

@ Nysa Sharma,

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

Approved leave is counted.

Count 4Y 190D from DOJ to LWD.


Ramesh   06 January 2017

I have joined on 1st July 2012 in Ltd company, then after three months my company started new child company & moved me to his child company on 1st Oct 2012, now I am going to resign from this child company on 28th FEB 2017. So if I resign on 28th Feb 2017, then am I eligible for Gratuity pay..? Awaiting for your reply...!

Mohammed Riyas   10 January 2017

My date of joining 06/06/2012 when i will become eligible for Gratuity ?? One more question.. Service period : Does it include the notice period as well ??

Coz If I put resignation letter, i will have to serve 2 months of notice period.. so will these 2 months will be considered for the Gratuity service period ?

Mohammed Riyas   10 January 2017



I have been working in a Pvt company since June 6, 2012.. Its a 5 day working company.. I am planning to relieve from this company but i want to make sure that I am eligible for Gratuity.. So please some one let me know the date when i will get eligible ?


One more question.. During gratuity service period calculation, will my notice period also be included ?? Coz i need to serve 2 months notice period from the date of resignation. 

Please advise it willl be highly helpful for me.. thanks in advance !

Kumar Doab (FIN)     10 January 2017

@ Ramesh,

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

How were you transferred from mother to child company ( as you call it); by a transfered order OR did you resign from mother company and joined afresh the  child company?

Would you resign with immediate effect on 28 Feb,2017 OR would 28 Feb,2017 be your last Working day (LWD)?

Srijata   07 February 2017

I had raised this question to my HR team as a query, and they firmly denied any form of gratuity before the completion of 5 years. They do not have any documented proof either to support their statement. Many of my colleagues did not receive gratuity on resignation post 4years 240days. What steps should be adhered to if one's gratuity rights are denied? And if one does complete 240 days (inclusive of notice period) does one receive the gratuity for full 5 years or is it calculated only for 4 years 240 days?

Kumar Doab (FIN)     09 February 2017

@ Srijata,

It shall be 5Y if employee has worked for 190/240 days in 5th year.

After 5 years if employee has worked for more than 6 months in a year it shall be counted as 1 year.


Submit FormI under proper acknowledgment and mention by covering letter that 'Notice of Determination of Gratuity' and payment has not been supplied till date, despite representations on dated...................by phone/in person/by email/letter etc  to Mr/Ms..................


The steps that any employee can initiate are well explained and explained many times in this thread.

There is NO limitation to claim Gratuity.

However employee should not delay.

Take help of employee's unions also.

Dinesh   24 February 2017

Hi ,

I have worked for 4.7 years in my previous organisation which has 5 days a week policy. So am I eligible for gratuity.

Davis   25 February 2017

Hi, I worked in my previous company for 4 years and 193 days.  My company works for 5 days a week.  Am I eligible for gratuity.  The company continues to maintain that I am not eligible.  Please help me.

Kumar Doab (FIN)     25 February 2017

@ Dinesh:

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

You should be eligible.

Submit FormI under proper acknowledgment with covering letter mentioning that; Notice of Determination of Gratuity and payment has not been supplied despite representations in office till date.

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