Hi, trainees and probation employees are eligible for gratuity.? i.e if an employee served for 5 years including 1year training/probation is eligible or not.?
From India, Bengaluru
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From India, Bengaluru
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Dear Muhammad Asif,
I would like to draw your kind attention to the definition of the term "employee" as given under Section 2(e) of the Payment of Gratuity Act, 1972. The definition explicitly excludes apprentices and includes all other persons employed on wages. Furthermore, according to the judgment of the Orissa High Court in the case of Chairman cum Managing Director, Orissa Mining Corporation v C.A under the P.G. Act, 1972 [1995 (1) LLJ 381], a trainee is considered an employee under the P.G. Act, 1972. Therefore, every employee is eligible to claim gratuity under the Act for the entire service rendered in the same organization, including the period spent on training and probation while receiving wages.
From India, Salem
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6108I would like to draw your kind attention to the definition of the term "employee" as given under Section 2(e) of the Payment of Gratuity Act, 1972. The definition explicitly excludes apprentices and includes all other persons employed on wages. Furthermore, according to the judgment of the Orissa High Court in the case of Chairman cum Managing Director, Orissa Mining Corporation v C.A under the P.G. Act, 1972 [1995 (1) LLJ 381], a trainee is considered an employee under the P.G. Act, 1972. Therefore, every employee is eligible to claim gratuity under the Act for the entire service rendered in the same organization, including the period spent on training and probation while receiving wages.
From India, Salem
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc