What is eligibility to claim gratuity?
After completing 4 years and 6 months of service with a six-day work week, I resigned by serving a three-month notice period. Therefore, my total service becomes 4 years and 9 months including the notice period. Am I eligible for gratuity? Also, the company provides 22 personal leaves, 6 casual leaves, 7 sick leaves, and one weekly off every week in a year. Please reply.
You are not eligible for gratuity as per the Payment of Gratuity Act, 1972, since the requirement is 5 years of continuous service, and your total service is 4 years and 9 months, including the notice period. However, you may be entitled to encash unused leaves (personal, casual, and sick leave) depending on your company's policy. For further legal assistance contact us on our helpline number.
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