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suman kumar   03 July 2018

Gratuity

Dear Sir, I have completed 4 years 228 days in my organisation and I have resigned from the company. My working days were 5 in a week. Will I am eligible for the gratuity? Please help me.


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 5 Replies

shaik.satharbibi (lawyer)     03 July 2018

you have completed 5years. but you working 4years 228days. you are not eligible for gratuity

Pradipta Nath (Advocate)     04 July 2018

What is the nature of your job? Whether it is above the ground or below the ground? Whether it is a seasonal employment or otherwise? what is your DOJ and DOL?

suman kumar   04 July 2018

Nathure of job: publication (editing)

above the ground

Parmanent employement

DOJ: December 2, 2013

DOL: July 20, 2018

Pradipta Nath (Advocate)     04 July 2018

In that case you will not be eligible for gratuity.

suman kumar   05 July 2018

Gratuity Rules
Every employer is bound to give gratuity amount
(https://pensionersportal.gov.in/retire-benefit.asp#a3) to its employees if it employs
more than 10 people. But you would get the gratuity only after completing 5 years in the
service. There are other rules of gratuity. Let us understand them one by one.
5 Years Continuous Service
You will get the gratuity only after the completion of 5 years in the service. Also, there
should not be any break in the service. It must be continuous.
6/21/2018 Gratuity Rules, Formula, Eligibility and Taxability - PlanMoneyTax
https://www.planmoneytax.com/gratuity-rules-formula/ 3/94
Note, the condition of 5 years service has a small relaxation. In the last year, mere
service of 240 days would be considered as one year. Hence, You would be eligible for
the gratuity after 4 years and 240 days of continuous service.
If are working in an organisation which works for 5 days in a week or less, mere 190
days would be counted as last one year. Therefore, in such case, you would be eligible
for the gratuity after 4 years and 190 days.
 

 

By this rule, I am eligible fot the gratuity.

Please reply


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