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Is an employer liable to an employee who has completed continuous service of 4 years 240 days by the virtue of Section 2A (2)(a)(ii) of the Payment of Gratuity Act, 1970 or does the provision contained in Section 4 (which places continuous service to 5 years) take precedence over Section 2A?
Sir, an employee must have worked for their present employer for at least five full years in order to be eligible for a gratuity under the Gratuity Act, with the exception of when they pass away or become handicapped as a result of an illness or accident. In these situations, gratuity is required to be paid. For further legal assistance contact us on our helpline number.