Amol Dharmadhikari (1 Points)
31 August 2021May I know if the employee has completed their 4 years 11 months including the notice period of the date of joining without taking any gap? is he can available to get a gratuity amount?
JGM
(Knowledge Sharer)
(443 Points)
Replied 02 September 2021
In my view, yes. The period is to be rounded off to the next number. In your case, since the period is more than 4.5 years, it will be rounded off to 5 years and accordingly, he should be entitle for gratuity. Having said this, one needs to evaluate whether he can claim tax exemption or not.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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