You are eligible for gratuity as per new rule in organisation which work for 5 days a week.
4 years 190 days point.
Please below points in details.
Gratuity Rules
Every employer is bound to give gratuity amount to its employees if it employs more than 10 people. But you would get the gratuity only after completing 5 years in the service. There are other rules of gratuity. Let us understand them one by one.
5 Years Continuous Service
You will get the gratuity only after the completion of 5 years in the service. Also, there should not be any break in the service. It must be continuous.
Note, the condition of 5 years service has a small relaxation. In the last year, mere service of 240 days would be considered as one year. Hence, You would be eligible for the gratuity after 4 years and 240 days of continuous service.
If are working in an organisation which works for 5 days in a week or less, mere 190 days would be counted as last one year. Therefore, in such case, you would be eligible for the gratuity after 4 years and 190 days.
Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as an interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted. But, if you have taken a sabbatical or leave without pay, then your service would get interrupted.