Gratuity - different weekly working days in organisation

571 votes

1) You are entitled for gratuity as you have worked continuesly 5 years. So the policy of 5 days a week, but you have to check how many hours worked on weekly basis.

2) Gratuity payment is a lump sum that your company will pay you as an acknowledgement of your loyalty to the company. Naturally, gratuity becomes payable only after you have spent a certain number of years with the company. You will receive this benefit either at the time of retirement or when you resign from employment. Let us take a look at how gratuity benefit is paid.

There are two conditions that must be satisfied in order to be eligible to get your gratuity benefit:

The company you work at has a minimum of 10 people on its payroll, i.e., at least 10 employees receiving salaries from the organisation. Note that people on contract are not considered.

You have completed at least 5 years with the organisation. If an employee dies during the tenure of his employment, the 5-year rule is relaxed. So, even if such an employee’s period of service is as little as 1 year, he/she will be eligible to receive gratuity if the first condition is met.

Advocate Ganesh Kadam LawRato

549 votes

This is my response to you:
1. Since you work 5 days a week, therefore you work 260 days a year;

2. As per the reading of section 2A (2)(a)(ii) of gratuity act, the requirement for continuous service is: two hundred and forty days;

3. Hence you complete the total days required for gratuity;

4. Therefore state the above section, and write a personal letter/email to your employer stating you are deserving of gratuity;

5. You can then complain to the labour commissioner and if it is still not resolved you can approach the High Court.

Advocate Gowaal Padavi LawRato