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GowthamArjunan (Software Engineer)     17 May 2022

Gratuity eligibility - 4 years 3 months + 6 months training

I completed 4 years 3 months + 6 months training of service and resigned from the company. Will I be eligible to claim complete gratuity?

If any circular or law is there, please let me know. I am from karnataka.



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 May 2022

With regard to gratuity, there is a difference between an "apprentice" and a "trainee". If you are an "apprentice" as per the definition under the Apprenticeship Act, then your training period is not included in calculating the entire service period. But if you are a "trainee", then you can file a claim for including the training period in the entire service period, subject to the provisions of your employment agreement/ appointment letter.

GowthamArjunan (Software Engineer)     18 May 2022

Yeah my training period is actually probation period not apprenticeship. Will I be eligible then?

kavksatyanarayana (subregistrar/supdt.(retired))     18 May 2022

Yes.....................................................................................................................

P. Venu (Advocate)     18 May 2022

The facts posted suggest that you are eligible. You may post the query in citehr.com for more informed suggestions.

Dr J C Vashista (Advocate)     19 May 2022

You are eligible for gratuity, if your employer falls within the ambit of Payment of Gratuity Act, 1972


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