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Laxmikant Chavan   11 February 2020

gratuity eligibility 4 years 9 months

my service with private company is 4 years 9 months.
day of joining : 13 April 2015
date of leaving : 24 Jan 2020

whether I am eligible for gratuity or not.

my employer is not ready to pay the gratuity amount.

how to get amount from employer ?


ur valuable comments will be appreciated.


Learning

 4 Replies

BA   11 February 2020

As far as I know you have to complete minimum 5 years of continues service to apply for gratuity. Still the employer make it difficult to pay you. In my case I worked for ten years and after few meetings with the employer had to settle for half the amount. Although the law says that employer needs to pay for service 5 years+ if they don't you have to go to court and then you know the cost of litigation and etc... As far as you have mentioned you are 3 months short to complete 5 years. So doesn't look like you are eligible

Laxmikant Chavan   11 February 2020

as I gon through gratuity act 1972 sec 2a and 2b, it states that if person has completed 240 days in last year he is eligible to claim. need some more suggestions to proceed further.

Akshay (Advocate)     11 February 2020

Hi 

Thank you for asking this question

According to Payment of Gratuity Act ,1972 - Employee is eligible for gratuity If He/She  works for minimum 5 years of continuous service.

And exception to 5 years rule is the Death and Permanent Disability.

According to me you are not eligible for Gratuity.

Hope this will help you

Best regards

Akshay Gupta

kavksatyanarayana (subregistrar/supdt.(retired))     11 February 2020

The service required for gratuity is 5 years.  I opine, 4 years and 240 days of service will be treated as 5 years, so you are eligible for gratuity.


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