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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.



 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.

Advocate Bhartesh goyal (advocate)     31 January 2026

Yes,employee can claim gratuity if has completed 4 years and 240 days in 5th years.

Dr. J C Vashista (Advocate )     01 February 2026

The emloyee is eligible for gratuity.

P. Venu (Advocate)     02 February 2026

It is sufficien that in the fifth year, the employee has worked for 240 days.


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