Hi, Just one simple question if an employee joined on November 2017 and he resigned on May 2023 now he demanding his gratuity. There was lock down also in between whether he/ she is eligilbe for gratuity ....
From India , Sholapur
From India , Sholapur
Lock down (or lay off) should be an arrangement by the management due to some reasons and the period of lay off should be treated as days worked for the purpose of Gratuity.
If you mean lock down due to Covid 19, then the same would also qualify to be service period because prior to lock down you should not have terminated the workers or rehired them when the work had resumed. As such, the period of lock down should be considered as service period only.
From India, Kannur
4239If you mean lock down due to Covid 19, then the same would also qualify to be service period because prior to lock down you should not have terminated the workers or rehired them when the work had resumed. As such, the period of lock down should be considered as service period only.
From India, Kannur
Hi Nil Mundhe
The eligibility for gratuity depends on the specific labour laws and regulations of the country where the employee is working. In many countries, an employee becomes eligible for gratuity after completing a certain number of years of continuous service with the same employer.
If the employee joined in November 2017 and resigned in May 2023, they would have completed approximately 5 and a half years of service. In many cases, this duration may be enough to qualify for gratuity, as many countries require employees to work for a minimum of 5 years to be eligible.
However, the COVID-19 lockdown may have affected the business operations, and in some cases, there may be exceptions or special provisions in place due to the pandemic. It's crucial to refer to the specific labour laws and regulations of the country in question to determine whether the employee is eligible for gratuity in this particular case.
Additionally, it's recommended to consult with a legal or HR professional who is familiar with the labour laws of the relevant jurisdiction to get specific advice tailored to this situation.
Regards
From India, Bangalore
The eligibility for gratuity depends on the specific labour laws and regulations of the country where the employee is working. In many countries, an employee becomes eligible for gratuity after completing a certain number of years of continuous service with the same employer.
If the employee joined in November 2017 and resigned in May 2023, they would have completed approximately 5 and a half years of service. In many cases, this duration may be enough to qualify for gratuity, as many countries require employees to work for a minimum of 5 years to be eligible.
However, the COVID-19 lockdown may have affected the business operations, and in some cases, there may be exceptions or special provisions in place due to the pandemic. It's crucial to refer to the specific labour laws and regulations of the country in question to determine whether the employee is eligible for gratuity in this particular case.
Additionally, it's recommended to consult with a legal or HR professional who is familiar with the labour laws of the relevant jurisdiction to get specific advice tailored to this situation.
Regards
From India, Bangalore
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc