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N Saikrishna (Sr Engineer) 03 November 2016

Gratuity eligibility

Hi, I am a software engineer, working for a MNC I and it's a five day working organization. I joined on 26 March 2012 and 4 Nov 2016 is my last working day. I am completing 4 year 220 days by my last day at company. As per gratuity act 4 year 190 days considered as year for a five day organization. Am I eligible for gratuity? Please suggest

8 Replies

Ms.Usha Kapoor (CEO) 04 November 2016

To make it MORE PUKKA serve for another 20 days so as to make it 240 days and 4 years = 240 DAYS OR 4YEARS.8 MONTHS WILL MAKE YOU ELIGIBLE FOR gratuity WITHOUT ANY CONTROVERSY FOR SERVING CONTINUOUSLY FOP 4.8 YEARS. FOR 5 DAYS A WEEK. Regarding 4 YEARS 6 MONTHS THERE IS SOME CONTROVERSY..If you appreciate this answer please click the thank you button on this forum.

Kumar Doab (FIN) 04 November 2016

Your understanding from the Act is correct.

The employer should supply the Notice of Determiantion of Gratuity and payment within 30days from LWD or interest @10%pa has to be paid.

Employee can submit FormI 30days before LWD ( under proepr acknowledgment).

Dr J C Vashista (Advocate) 05 November 2016

Yes, you are eligible and your legal understanding is perfect.

Kumar Doab (FIN) 05 November 2016

Thanks for your valid comments expert Dr.J.C.Vashista.

Dr J C Vashista (Advocate) 06 November 2016

Thank you very much Mr. Kumar Doab for your agreement with my opinion/advise.

Kumar Doab (FIN) 06 November 2016

You are welcome expert Dr.J.C.Vashista.

N Saikrishna (Sr Engineer) 07 November 2016

Thank you very much to all for your clarification.

Kumar Doab (FIN) 07 November 2016

You are welcome.

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