- This topic has 62 replies, 38 voices, and was last updated 1 year, 4 months ago by
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UI have been working for this company for last 4 years and 9 months. Today my manager called me told that he doesn’t like my attitude and I have not been productive and I have been delaying all my projects, but that’s not the case. I have been working very hard and all my deliverables have been before or on time. They have asked me to resign and they are denying the gratuity payable to me. I read online but I couldn’t understand the exact terms. Somewhere I see that after the completion for 5 year I am eligible for gratuity while I read at other places that after 4 years and 8 months I can be eligible for the gratuity payment. My company is sighting 5 year rule and denying the fact that I am eligible for gratuity. Can anyone help me with the exact termsv
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UIn that case will I be eligible for gratuity payment? I don’t understand the exact terms. I read various blogs mentioning 4.8 years to 5 years
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UThis [article](https://www.news18.com/business/can-you-claim-gratuity-before-5-years-yes-heres-how-8550590.html) mentions that you can be eligible for gratuity before 5 years.
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UYou’ll gratuity after 4.7 years. I had received it. Do not worry much about it. Were you a non FTE in your early years?
Focus on finding the next job!
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UWhich state are you located in? Some HCs have ruled that you can get gratuity after 4yr 8 months. If you have completed 8 months in service.
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UKarnataka doesn’t have a HC judgement on this. So it’s up to them to apply in good faith like a lot of other companies do
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UI came across this article: https://www.news18.com/business/can-you-claim-gratuity-before-5-years-yes-heres-how-8550590.html
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UContact these IT unions – https://www.aiiteu.org/, https://kituhq.org/
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USee if possible talk to executives above him or the seniors and check out the labour laws and if he fires you labour Minister is there for you
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UAnything after 4yr 6months should be considered 5yr. At least that was in my last company, and also I don’t think they did it out of the goodness of their heart so it must be the law. It is also mentioned in the gratuity act (not so straight forward manner)
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UContact karnataka IT union
https://kituhq.org/ they’ll help you
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UDon’t quit, drag it out. The Gratuity Act is very simple. Make sure you’re an employee at this place (EPF cut, ESI taken) and not a consultant.
After you drag it out and they terminate you (with adequate notice according to your employment/appointment letter), you approach a lawyer and then proceed with demanding your gratuity, send legal notice, document everything and approach the court if required. All Form 16s and EPF records to be preserved. Any way to get your attendance and leaves documented since you joined will also help.
If you need help finding a decent lawyer in NCR/Delhi, I can help.
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HYou get gratuity if you are a active full time employee( not serving notice) for 4 years and 8 months or 4 years and 240 days.
The Payment of Gratuity Act, 1972, considers 240 days of service in the fifth year as equivalent to completing five years of continuous service. I resigned after 4 years 8 months and got my gratuity in a IT company after 1 month of last working day.
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VLawyer on a sabbatical here.
A Madras High Court ruling allows gratuity for employees who have completed 4 years and 240 days of service.
Do not voluntarily put down your papers. Document all the emails where your work has been appreciated.
Show up at work on time and give them no excuses to terminate you.
Gratuity is a matter of right. Fight for it. Download your company policies and a save a copy.
You may need to send them a legal notice if they deny you the same.
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PIt is 5 years. [https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf](https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf)
I’m aware of the 4yrs 8 months statement and i think it’s company specific and self assigned. Am not finding any govt rule/regulation specifying that to be 4Yrs 8 Months.
But again anything over 4yrs 181 days seems to qualify as 5 Yrs. A bit of a grey area though and your HR might know how to exploit this for their own benefit.
You should get it but looks like loopholes are there for them to work with. Good luck.
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