G. ISAAC (Lawyer) 31 January 2026

Labour laws

an employee worked in a reputed organisation for 4 years 9 months and 4 days. can he clain gratuiy., if so in what clause.

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Quick Summary

An employee who has worked for 4 years, 9 months, and 4 days may be eligible to claim gratuity. Eligibility typically hinges on completing 240 days of work in the fifth year of employment. This is in line with Section 2A of the Gratuity Act, which considers service continuous if 240 days (or 190 days for specific sectors) are worked in the preceding 12 months.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 31 January 2026

In many cases, an employee who worked 4 years 9 months 4 days can claim gratuity, depending on whether he completed the required working days in the 5th year (usually 240 days).

Section 2A of the Act says service is treated as continuous if the employee has worked for 240 days in preceding 12 months (normal establishments) and 190 days (5-day week / certain sectors.