I have a question, i currently work for a company and have spent around 4.6 Years but there is no mention about Gratuity in my Appointment letter do I still qualify for Gratuity after completing 5 years and what is the minimum tenure to qualify for gratuity.

nathrao
3131

There is no need to mention about gratuity in appointment order.
If you fulfill conditions for payment of gratuity and the industry you work is covered under Payment of Gratuity Act, then company is legally bound to pay.
5 years of continuous service is the minimum required for becoming entitled for gratuity.

From India, Pune
Thank you Mr Nathrao, for your prompt reply , where can I find what all industries are covered in the gratuity act and for me I work with a retail company which sells it's products through malls and high street store.

Gratuity act applies to all businesses in india that have 10 or more employees.
So retail is definitely covered.
It applies to all employees, not just workers. So everyone from a poen to the managing director will be eligible for gratuity once the other factors listed by Anish is fulfilled

From India, Mumbai
An employee will be covered under the Act if the organisation employs at least 10 persons on a single day in a preceding 12 months. And once an organisation comes under the purview of the gratuity Act, then it will always remain covered even if the number of employee is fall below 10.
From India, Chennai
Thank u all for the insight provided.

I would like to differ a but on this.. even though u have not completed 5 yrs but if u have completed 6 months in last one year then also you are eligible for Gratuity. see explanation to Sec 2 of gratuity act....
From India
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