Please confirm below if eligible for Gratuity: Yes or No?
SALARY GRATUITY
1. P. CHATTERJEE
DOJ: 13-Sep-18
DOE: 03-Sep-23
Total service: 4 years, 11 months, 21 days
2. H. NAGARCHI
DOJ: 12-Nov-18
DOE: 04-Sep-23
Total Service: 4 years, 9 months, 23 days
From India, Jaipur
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SALARY GRATUITY
1. P. CHATTERJEE
DOJ: 13-Sep-18
DOE: 03-Sep-23
Total service: 4 years, 11 months, 21 days
2. H. NAGARCHI
DOJ: 12-Nov-18
DOE: 04-Sep-23
Total Service: 4 years, 9 months, 23 days
From India, Jaipur
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As per Section 4 of the Payment of Gratuity Act, 1972, gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. Section 2A provides that an employee shall be said to be in continuous service if he has worked for 240 days over a period of 12 months. The same section also provides that if the establishment works for less than 6 days a week, a person will be in continuous service if he has worked for 190 days. These days are paid days, not necessarily physical days, but paid holidays, etc., will be counted as days worked.
There are a few High Court verdicts which state that an employee who has worked for 4 years and 240/190 days in the fifth year is entitled to get gratuity. Though the Supreme Court has not interfered, the dictum of these High Court verdicts shall be applied to your case as well. Then both of the aforementioned employees would be entitled to gratuity.
From India, Kannur
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4758There are a few High Court verdicts which state that an employee who has worked for 4 years and 240/190 days in the fifth year is entitled to get gratuity. Though the Supreme Court has not interfered, the dictum of these High Court verdicts shall be applied to your case as well. Then both of the aforementioned employees would be entitled to gratuity.
From India, Kannur
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What is the eligibility for gratuity in terms of completion of Years? Can we pay gratuity in 4.6 Year, if employee worked between 4.6 to 5 Year of service.
From India, Jaipur
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From India, Jaipur
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Fraction of more than six months will not qualify for eligibility for gratuity, but it shall be used for rounding off the period of service. At the same time, as per the interpretation of section 2A, if the fifth year has 240 days of service, then the individual can be eligible for gratuity. Yes, if the organization works for less than six days in a week, it can be 190 days. However, just 4 years and six months will not qualify for gratuity.
From India, Kannur
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From India, Kannur
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc