Am I entitled to gratuity if I worked for 4 years and 8 months?

Gratuity generally becomes payable after five years of continuous service, but courts have held that a person who has completed 4 years and 240 days in the fifth year may be treated as eligible. Since you served 4 years and 8 months, you likely qualify under this interpretation.

Key points

• The Payment of Gratuity Act requires five years of continuous service, with an exception for death or disablement.
• Courts (notably the Madras High Court) have held that completing 240 days in the fifth year counts as the fifth year of continuous service.
• Your 4 years and 8 months exceeds 4 years and 240 days, supporting your eligibility.
• Gratuity is calculated based on your last drawn salary and years of service.
• The employer must pay gratuity within 30 days of it becoming due.

Relevant law

The Payment of Gratuity Act, 1972 governs eligibility (Section 4) and the five-year requirement. The 240-day interpretation flows from the definition of continuous service in Section 2A and supporting High Court rulings. The Code on Social Security, 2020 consolidates these provisions.

What you can do

• Submit a written gratuity claim (Form I) to your employer.
• If refused, file a claim with the Controlling Authority under the Payment of Gratuity Act (usually the Labour Commissioner) in Gurugram.
• Keep your appointment letter, salary slips, and service records ready.
• Consult a labour law advocate in Gurugram to pursue your gratuity claim.