Hi
I completed 4 years and 312 days in my previous organisation. But i was unaware of this rule of gratuity (even after completing 4 years 240 days you are eligible for claiming gratuity). Now is it possible for me to recover the same from my previous employer? If yes, what will be the process for the same?
According to the Gratuity Act 1972, an employee is eligible to receive a gratuity amount after completing five years of continuous service at one organisation . The gratuity amount is paid to the employees once they retire, resign, or are laid off
Yes, you are eligible for gratuity as you have completed 4 years and 240 days. You can file Form N to determine your gratuity and claim. Submit Form N to the Controlling Authority under PGA, ie, Dy Labour Commissioner of your jurisdiction immediately. Prescribed formula for gratuity is last drawn salary ie, monthly salary x 15 x no. Of years of service / 26.
26 days is reckon both for pay and length of service. In your case your length of service is 6 years.
Is the duration 4 years 280
days includes notice period as well. My organisation have 3 months notice period. Does that mean if I submit my papers after 4 years 5 months and served the complete notice period am I eligible for gratuity ?