Hi All,
Please can you assist me with the minimum exact eligibility for the Gratuity claim?
I know it is 5 years in general, however i would like to know if i am eligible to claim it just in case if i am landing up with 4 years and 11 months.
Best Regards
Sriram S
From India, Chennai
Please can you assist me with the minimum exact eligibility for the Gratuity claim?
I know it is 5 years in general, however i would like to know if i am eligible to claim it just in case if i am landing up with 4 years and 11 months.
Best Regards
Sriram S
From India, Chennai
Hi !!
This is one the most frequently asked question and there are various views available on it.
In one of the case, Madars High Court has held that an employee who has completed 4 years and 240 working days in 5th year will be entitled for gratuity i.e. 4 years 10 months and 11 day.
In other case, lets have one example ;
if an employee has worked in a company ABC for 3 years and due to some reason, he has been moved to company XYZ under same management. Employee got his Full and Final from ABC Company but not the gratuity amount as he has not completed 5 years there. He has spend another 2.5 years in company XYZ and resigned. At the time of his Full and final, will he be eligible for gratuity?
Answer : yes as both the companies are under same management and employee has completed 5.5 years to gather in both companies.
From India, Bombay
52This is one the most frequently asked question and there are various views available on it.
In one of the case, Madars High Court has held that an employee who has completed 4 years and 240 working days in 5th year will be entitled for gratuity i.e. 4 years 10 months and 11 day.
In other case, lets have one example ;
if an employee has worked in a company ABC for 3 years and due to some reason, he has been moved to company XYZ under same management. Employee got his Full and Final from ABC Company but not the gratuity amount as he has not completed 5 years there. He has spend another 2.5 years in company XYZ and resigned. At the time of his Full and final, will he be eligible for gratuity?
Answer : yes as both the companies are under same management and employee has completed 5.5 years to gather in both companies.
From India, Bombay
Please find attached copy of Madras High Court’s decision on continuous service regarding to gratuity.
From India, Bombay
From India, Bombay
Hey Sriram,
As per the Vishram, this is very general question.
The rule clearly said that an employee who has completed minimum 5 years will be entitled to get the benefit of gratuity. Buy the madras high court rule is only applicable there.
So commonly you are only eligible for gratuity after finishing 5 years.
From India, Ahmedabad
As per the Vishram, this is very general question.
The rule clearly said that an employee who has completed minimum 5 years will be entitled to get the benefit of gratuity. Buy the madras high court rule is only applicable there.
So commonly you are only eligible for gratuity after finishing 5 years.
From India, Ahmedabad
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx