Dear Isaac Sir & All
Request you for the clarification for my below query:
In one of the major IT Org, I worked for 4 Years 5 Months 23 Days. This was my first Company, so at the time of Resignation I didn't aware of the terms & conditions of Gratuity, even our HR People didn't say anything about it. Due to no awareness on this component I didn't explore about Gratuity at that time.
Later I heard that if we work for 4.6 years, we are eligible for the Gratuity. So, I requested our Employer and they said that I'm not eligible. Also they added that for the Org(which workds 5 days a week) we have to serve at least 190 days in the 5th year to get the eligibility for the Gratuity. So, our Employer not agreed to pay the Gratuity.
I read the below article in the Gratuity Rules, i.e.
2.(b).for the said period of six months, if the employee during the period of six calender months preceding the dae with reference to which the calculation isto be made, has actually worked under the employer for not less than-
(i). ninety-five days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii).one hundred and twenty days, in any other case.
So, I'm still confusing whether I'm eligible or not.for the Gratuity.
Kindly clarify me and do the needful. Please help.
Thanks a lot in advance!