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discography (none)     04 November 2014

Gratuity eligibility - 5 years or 4 years 240 days

Dear Sir,

 

I am confused reading the many forums.  Some say yes and some say no.  They merely quoting previous judgements to prove their points.  I joined and organization on 14th May 2003 and my last working day was 18th Jan 2008.  I have worked 1710 days (includes leaves and week offs)  It was 5 days working.  On the whole I worked 4 years and 249 days.  There was no Loss of Pay during the period. 

Please could you advise me if I am eligible for gratuity and if yes can I apply it now with my previous organization.

Many thanks in advance.

Warm regards

Abraham Simons.



 32 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 November 2014

As per Payment of Gratuity Act, 1972, any employees become elegible for the gratuity when he has completed five years service. The employee who has worked for 240 days in a year, then a year is treated complete year. Since the employee has completed four years and 240 days, he/she will be elegible for gratuity but after the completion of five years whether works for remaining period beyound 240 days or not.

1 Like

discography (none)     04 November 2014

Thank you so much sir.  So in my case am I eligible sir. I was with the company for 4 years 249 days. this includes leaves and Week Offs. (with 5 working days per week).

Kumar P (Software Eng)     05 November 2014

Hi All,

This is Kumar, I have completed 4 yrs 253 Days in my previous Origination, I have joined on 23-Nov-2009 and my last date in my previous org is 01-Aug-2014. And working days in week are 5 days. My Previous Org located in Mumbai. And I have verbal communication with my HR team regarding gratuity, they told me that I am not eligible for the gratuity for the same period of 4 yrs 253 days. What they saying is that I have to complete full 5 yrs in the org then only I will be eligible for the gratuity. mean while I will take Mail communication for the same too later.

1. If the previous org will conform in mail saying that I am not eligible for gratuity, what I need to do shell I file case in court, how and where I need to reach either Mumbai (my previous org headquarters in Mumbai)  OR in Bangalore where I am working?

2. If the previous org is not wants to conform me in mail regarding I am NOT eligible for gratuity, what’s my next step?

Thanks In advance.

Kumar P.

ram (sse)     11 November 2014

Hello sir,

i joined in a s/w organisation in 24/05/2010 which has 5 working days in a week.

According to the law am i eligible to get gratuity after 1/12/2014 (190 days rule) or after 20/1/2015 (240 days rule)? Is those days mean continue working of 190/240 days excluding saturday, sunday and holidays or including those. Please help me as i am planning to leave my company soon.

Again if i am resigning after eligible of this and before completion of 5 year then the calculation will be

(basic+dra/26)*15*4 or (basic+dra/26)*15*5 ?

Thank You

Kumar Doab (FIN)     15 November 2014

Off days/holiday are counted, should have worked for 190 days in 5th year I.e.>6 months hence multiply by 5

Jai Karan Nagwan (consultant)     19 December 2014

4 years 240 days entitle any employee to avail gratuity benefits. If any company refuse complaint to controlling authority I.e generally labour commissioner.

Hari (Software Engineer)     28 December 2014

Dear Sir , 

 

I am working as a Software Engineer in Kerala Based company which having more than 60000 employees world wide.  Currently I have completed 4 years, 10 months, 14 days .  and I am plan to quit from company .  I have checked with HR  and she is saying I won't get gratuity and forcing to continue.  I came to know from here that I am eligible, How i can proceed further.

 

Regards

Hari Rajan

discography (none)     28 December 2014

I recieved my gratuity finally. I worked 4 years and 241 days. Not even 8 months completed in the 5th year. They first didnt agree. Later I quoted the clause of 240 days and then they agreed. They paid interest at the rate of 10% also.

discography (none)     28 December 2014

Thanks to the experts

Kumar Doab (FIN)     28 December 2014

@ Discography

The one who persists ...................................succeeds.

 

Your queries have been answered by experts of LCI in various threads initiated by you....

Kumar Doab (FIN)     28 December 2014


@ Hari

You have an example................

 

Draw the attention of this HR personnel to provisions of penalty,punishment with jail time as provided for in Sec9..................

 

 

You can submit FormI...............................30 days in advance (of course under proper acknowledgment preferably by Redg. Post) from last date in office.......................

 

 

There are many threads on Gratuity at :

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VKAD8oBYA

e.g.:

 

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

discography (none)     28 December 2014

Thanks Kumar Daob Sir. You people are doing a wonderful job. Nothing short of a divine intervention.

Chandrashekar   05 November 2015

Hello am chandrashekar. am working in a pvt ltd company in bangalore. i joined 10/Jan/2011 and i have resigned the job and my last working day is 7/Nov/2015 and organisation works 6days per week.  HR saying am not eligible for Gratuity as i need complete 5 Years.. what is next step i have to do and am i eligible for gratuity kindly advise   Regards,

Chandrashekar 

Kumar Doab (FIN)     05 November 2015

The process has been discussed in detail in this and other threads under head' Gratuity'.

Submit FormI under proepr acknowledgment, preferably by Redg. Post  and mention in writing that notice of determination of Gratuity and payment of Gratuity has not been supplied despite many representations (mention dates,names etc).........................


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