dear seniors can anybody tell me that our company's one of employee completed service 17 years but he is on leave every year for 2months, is he liable for gratuity. please reply soon.
k.k. tiwari
From India, Delhi
k.k. tiwari
From India, Delhi
Dear krishnatiwari,
Please check in all the previous year he has worked for 240 days in each year . As the paid holidays are to be taken into account, a mere 8 to 9 months of work in year easily yield 240 days.
Hence he is eligible for gratuity.
Dear Saleem,
Pl find the attached file on gratuity.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
65Please check in all the previous year he has worked for 240 days in each year . As the paid holidays are to be taken into account, a mere 8 to 9 months of work in year easily yield 240 days.
Hence he is eligible for gratuity.
Dear Saleem,
Pl find the attached file on gratuity.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
Dear krishna
Any employee who has completed 5 year in service with the management and/ or 4 year and in fifth year 240 days is entitled for gratuity. Now your question is that your employee has completed 17 years in service. You have to ensure in all the previous year that particular employee has worked for 240 days in each year or not. If he has not completed 240 days in the employment/ service in any year than (paid holidays are to be taken into account for the purpose of calculation of 240 days), he is not entitled for any gratuity for that particular year. Hence, the employee is eligible for gratuity.
I hope that the above will satify your query, if you want to seek any other clarification you are most welcome.
From India, Gurgaon
Any employee who has completed 5 year in service with the management and/ or 4 year and in fifth year 240 days is entitled for gratuity. Now your question is that your employee has completed 17 years in service. You have to ensure in all the previous year that particular employee has worked for 240 days in each year or not. If he has not completed 240 days in the employment/ service in any year than (paid holidays are to be taken into account for the purpose of calculation of 240 days), he is not entitled for any gratuity for that particular year. Hence, the employee is eligible for gratuity.
I hope that the above will satify your query, if you want to seek any other clarification you are most welcome.
From India, Gurgaon
An employee who has completed five years of continous service is entitled to payment of service.
An employee is said to be in continous service if he has for that period been in uninterrupted service, including service which is interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence for which an order treating such absence as break in service.
Therefore it is not just paid holidays which are to be taken into reckoning.
Best Wishes,
Vasant Nair
From India, Mumbai
An employee is said to be in continous service if he has for that period been in uninterrupted service, including service which is interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence for which an order treating such absence as break in service.
Therefore it is not just paid holidays which are to be taken into reckoning.
Best Wishes,
Vasant Nair
From India, Mumbai
hello... yes he is entitled to get the benefits of gratuity.As the payment of gratuity act 1965 says ,if an employee who has completed his five years of service is eligible to get gratuity.
From India, Raipur
From India, Raipur
Please refrain from making such misleading, confusing comments. Like Mr. Khola said, there is no such provision under the ACT. Vasant Nair
From India, Mumbai
From India, Mumbai
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Hello Seniors.doc
FORM-F-NOMINATI ON OF GRATUITY.pdf