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Can i make Gratuity claim if full 5 years of service not completed


10-Jan-2023 (In Labour & Service Law)
hi, I worked for 4 yr, 11 month and 10 days (exactly 20 days less of 5), I asked for gratuity claim and I was denied saying I had not worked for complete 5 yr. my Company says : Eligibility for Gratuity: Employee should have been completed 5 years of service before leaving the establishment . Section 4 of the Act and our employment contract is clear that before leaving the employment, employee should have rendered service for not less than 5 years to be eligible to receive gratuity. please suggest if my claim in valid and if so what should I do for my claim. Thanks
Answers (1)

Answer #1
776 votes
No, until not completing 5 years , you will not get your gratuity. After completing 5 year can apply gratuity.
Your company well said. Without completing 5 years can't be paid.
You request to your company management to consider your resignation after the date.

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