Notice period shall be taken as days worked for the purpose of determination of eligibility and amount of gratuity. Regards, Madhu.T.K
From India, Kannur
dear
mr vikas is correct as supreme court has given judgement in one case that if u have completed 240 days in fifth year u are eligible for gratuitybut gratuity act does not say this thing than u also file a case so on and so forth---
so five years eligiblity still remains to get gratuity
tks
j s malik

From India, Delhi
Dear
It is not necessary that for eligibility of Gratuity, the person must have completed 5 yrs of service. If a person has completed 4 years and 240 working days in the 5th year, he shall be eligible for gratuity. There is judgement in the Labour Laws Reporter in this regard.
ak malhotra

From India, Guwahati
if company has terminated employee due to cost cut wether he his eligible for gratuity or not also he has completed only 3yrs Rgds Swamy
From India, Madras
An employee terminated from service (as a measure of cost cutting or other) after three years will not be eligible for gratuity but he shall be eligible for retrenchment compensation at the rate of 15 days pay for every year of service.
Regards,
Madhu.T.K

From India, Kannur
Dear All
The Judgment cited could be for workmen.Again by merely citing a Case Law no Management will accept unless there is a demand from the employee followed by a denial.
Are you sure your Management will accept the concept of 240 days in the final year.
The case law will be useful only if you pursue it as a Claim filed against the Management under the Gratuity Act before the cometent forum.
With Regards
E-mail :

From India, Bangalore
Hi, I have been denied gratuity after completing 4 years 10 months service. Can law surely help in this regard ? Is law going to favour employer for 5 year minimum service rule.
From India, Gurgaon
dear vijay,
This all depend upon the Controlling Authority under the PG Act,1972 of the area who is hearing & deciding the claim case.

Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

From India, Delhi
Dear vijay,
The Controlling authority can not be advised through citehr. This is a quasi- judicial authority which decides the claim case after taking evidences, arguments & different citations in to consideration. You are to file a claim case before your area Controlling Authority.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361


From India, Delhi
Hi I am serving my notice period of 2 Months, I will be falling short of 11 Days to complete my 5 years with this company. Am I eligible for the Gratuity?
From India, Delhi
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