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Gratuity - 4 years 9 months and 15 days

07 June 2016

Hi, I have been working for one of the Leading MNC since 5th September, 2011. Now I am serving my notice period and will be relieved by 20th June,2016. Hence I am going to end up my office tenure by 4 Years, 9 moths and 15 days. Now my Question is whether am I eligible for Gratuity or not. If I am eligible but still I don't get it from my company, what are the actions that I can take? Thank you so much for answering. Regards, Kumar

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9 Replies

Rahul Verma (CA-Final) (484 Points)
Replied 07 June 2016

Dear

As per my understanding you r eligible to have graduity as you have already worked more then 240 days in your last year.

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Kumara Swamy.G (FINAL) (49 Points)
Replied 07 June 2016

Thank you for your reply.. But I just checked with my Payroll department and they are saying that I should finish 5 completed years.

What should be the action plan now? Any suggestions..

Shubham Gupta (Business Consultants) (2077 Points)
Replied 07 June 2016

sir,

you need to complete 5 years in an organisation to be eligible for gratutity

Rahul Verma (CA-Final) (484 Points)
Replied 07 June 2016

Dear

This particular situation has been mentioned in Rules also there is supreme or high court judgement which you can refer.........

Kumara Swamy.G (FINAL) (49 Points)
Replied 07 June 2016

Yes.. Even I referred one Chennai high court Case law where the employee finished 4 years 8 months and 10 days and he won the case.

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Rahul Verma (CA-Final) (484 Points)
Replied 07 June 2016

Just satisfied the condition for working continuous 240 days....

Abhishek Gupta (Accounts Manager) (97 Points)
Replied 07 June 2016

Agree with Rahul Verma ji

Kumara Swamy.G (FINAL) (49 Points)
Replied 08 June 2016

So how about my case now.. Is there any chance for me..

Kumara Swamy.G (FINAL) (49 Points)
Replied 08 June 2016

https://www.gratuity.org.in/gratuity-eligibility.php

I am referring to this link where it is mentioned as 240 days will be counted as 1 year.. I guess I am eligible.. Can somebody please help me more in this regard..