(i) How to find interrupted service/break in service while checking the employee eligibility for gratuity.
(ii) How much length of continuous unauthorized absent days will be called as interrupted service/break in service under the Payment of Gratuity Act, 1972.
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In the first sentence, I have corrected the spacing around the slash mark for clarity. In the second sentence, I have corrected "unauthorised" to "unauthorized" for consistency in American English. I have also added a line break between the two questions to improve readability.
From India, Hyderabad
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36(ii) How much length of continuous unauthorized absent days will be called as interrupted service/break in service under the Payment of Gratuity Act, 1972.
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In the first sentence, I have corrected the spacing around the slash mark for clarity. In the second sentence, I have corrected "unauthorised" to "unauthorized" for consistency in American English. I have also added a line break between the two questions to improve readability.
From India, Hyderabad
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Let us read verbatim what is written in the Act Payment of Gratuity Act, 1972 Section: 2A Continuous service. For the purposes of this Act, - (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing order, rules, or regulations governing the employees of the establishment), lay off, strike, or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act. Explanation: For the purpose of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which - (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. (This will change as per the latest amendment for maternity leave) With this as the base, Employee Personnel records need to be checked for punishments involving a break in service. Question 2 is automatically answered by plain reading of the section. Even one day absence, which is punished in a manner to treat it as a break in service, will be taken into account for verifying the eligibility of Gratuity. https://www.citehr.com/435270-gratui...-employee.html
From India, Pune
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From India, Pune
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In short, 240 days of working include periods of absence due to sickness, lay-off, lock-out, and strike in a calendar year to be considered as continuous. The description has already been provided by Mr. Nath Rao.
From India, Mumbai
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From India, Mumbai
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Service break is when the person left and rejoined, or was given a break in Service - terminated and reappointed after a reasonable gap
If the person has unauthorised absence, then it is a Service break only if he was informed of the same following the rules. In that case read the standing orders. But if you didn’t inform him then you can’t count it now as long as he did 240 days in that year
From India, Mumbai
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If the person has unauthorised absence, then it is a Service break only if he was informed of the same following the rules. In that case read the standing orders. But if you didn’t inform him then you can’t count it now as long as he did 240 days in that year
From India, Mumbai
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PENSION BREAK IN SERVICE CERTIFICATE.doc
Break IN service detail.jpg
Break.zip