Kumara Swamy.G (FINAL) (49 Points)
07 June 2016Hi,
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
Shubham Gupta
(Business Consultants)
(2077 Points)
Replied 07 June 2016
hello,
you need to complete 5 years in an organisation
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 08 June 2016
To be eligible for gratuity, you must complete 5 years continuous service. 6 months of a year can be counted as one year. If you have completed 4 years and 7 months in service, you will get the gratuity.
Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted.
Vipin Verma
(Sr. Consultant)
(23 Points)
Replied 28 November 2016
Hello Sharma sir,
I have a similar query, I have worked in my organization for 4 years 7 months and 2 days. But HR of my company has informed me that I should have worked for 4 years and 240 days to be eligible for Gratuity payment. This is written in our company policy as well. I came across your reply. Can you please help me with next steps that I can take also can you guide me to appropriate section of law so that I can reason out with my employer.
Regards,
Vipin Verma
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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