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?
Dear Client, you may be eligible for gratuity snce you have completed more than 4 years of continious service. However, some employers continue to claim that a complete 5 year service is required. You may approach the approprite authority under the Payment of Gratuity Act, 1972 and seek determination of your entitlement. Keep you appointment letter, relieving letter, salary records etc since these may support your claim. Hope this helps. Please reach out if you have further questions.
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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