No, you have to serve at least 5 years in a
company to get gratuity payment. A Madras High Court ruling held that you can
avail gratuity if you have completed 240 days of service in the fifth year.
It is best to check with the HR of your company about this. However, if
someone dies while in service, the gratuity amount will be paid to their
legal heir even if they have not completed 5 years of service. In addition,
the amount received by a nominee/heir will not be taxed.
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