Gratuity

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If you've worked for a private company for over five years and have resigned, you are generally eligible to claim gratuity. This applies even if the company isn't registered with ESI or PF, provided it has more than 15 employees. While HRA is included in the gratuity calculation, you may be able to claim an exemption based on your actual rent payments.

Vijay Mishra

Vijay Mishra (Querist)
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11 January 2020 Dear All,
Greetings !
I had been working in a private company for 8 years. Now i have resigned from there. Please suggest if I can claim for gratuity payment from there. This company has more than 15 employees and not registered with ESI & PF.

Please advise.

With best regards,

Vijay

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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12 January 2020 Yes you can claim gratuity payment from the company as you have completed 5 years of service.

Vijay Mishra

Vijay Mishra (Querist)
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14 January 2020 Thanks a lot sir ! I will claim my gratuity now.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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15 January 2020 Welcome.....................

Vijay Mishra

Vijay Mishra (Querist)
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03 February 2020 Sir, one more question. My salary breakup was - Basic - 50,000, HRA -25,000. Please advise if the HRA will also be part of calculation or only Basic will be considered.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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03 February 2020 HRA will be part of calculation but you can claim exemption based on actual rent payment.

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