Can employees claim gratuity after completing four years service?
I joined LTIMindtree on 14 September 2021 and resigned on 4 May 2026. According to my calculation, I completed approximately 4 years and 233 days of continuous service. I have come across judicial precedents suggesting that an employee who completes 4 years and 240 days of service may be eligible for gratuity under certain circumstances. However, my former employer has rejected my gratuity claim, stating that gratuity is payable only after the completion of five full years of service. In these circumstances: Am I legally eligible to claim gratuity, or is the company's position correct? If I wish to pursue the matter further, can I file a complaint before the appropriate labour authority, and what legal remedies are available to me?
Gratuity is governed by the Payment of Gratuity Act, 1972. Some courts, including the Madras High Court, have held that employees who complete 4 years and 240 days of continuous service may be eligible for gratuity. However, the position is not uniformly applied across India. You may file a claim before the Controlling Authority under the Payment of Gratuity Act and seek a determination of your entitlement. For further legal assistance contact us on our helpline number.
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