Dear Seniors,
I just want to know that if a person is working in pvt. ltd company from last 25 years and after 20 years because of his family matter he discontinued the job for 5 months without any resignation and from employer they don't took any action against him and again that employee continued his job in the same company and again worked for 2 years and again he discontinued for 2 months and again he continued the job but this time also employer didn't take any action. nut now he want to resign then will he be liable for the gratuity? if then, for how many years he will get the gratuity amount.
From India, New Delhi
7I just want to know that if a person is working in pvt. ltd company from last 25 years and after 20 years because of his family matter he discontinued the job for 5 months without any resignation and from employer they don't took any action against him and again that employee continued his job in the same company and again worked for 2 years and again he discontinued for 2 months and again he continued the job but this time also employer didn't take any action. nut now he want to resign then will he be liable for the gratuity? if then, for how many years he will get the gratuity amount.
From India, New Delhi
Hi
Hope this will help you.
Section: 2A Payment of gratuity act.
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 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.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case;
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 applicab1c 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 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.
(3) where an employee employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
Eswar.K
manager-HR
8056041800
From India, Chennai
Hope this will help you.
Section: 2A Payment of gratuity act.
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 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.
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case;
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 applicab1c 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 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.
(3) where an employee employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
Eswar.K
manager-HR
8056041800
From India, Chennai
If he has completed five years of continuous service then he will be entitled to get gratuity till the date of his retirement/resignation. Regards NKT
From United States, Cambridge
From United States, Cambridge
Dear HR,
One of our employee joined in our organisation as trainee and his Date of Joining was 01.07.2007 further, after completion of trainee period of 02 years he absorbed on Company Payroll wef. 01.07.2009 and left the organisation on 15.07.2012.
His Total working Period is 5 years and 15 days.
Can anybody guide that, does he eligible for gratuity????
Regards,
Hiten
From India, Mumbai
One of our employee joined in our organisation as trainee and his Date of Joining was 01.07.2007 further, after completion of trainee period of 02 years he absorbed on Company Payroll wef. 01.07.2009 and left the organisation on 15.07.2012.
His Total working Period is 5 years and 15 days.
Can anybody guide that, does he eligible for gratuity????
Regards,
Hiten
From India, Mumbai
Dear Hiten
As per Provisions of Payment of Gratuity Act. he is entitled to get gratuity for the total period he worked in your organisation and not from the date of absorbed in regular service.
N.LOKANADHA BABU
MANAGER-HR
NRI ACADEMY OF SCIENCES
From India, Guntur
As per Provisions of Payment of Gratuity Act. he is entitled to get gratuity for the total period he worked in your organisation and not from the date of absorbed in regular service.
N.LOKANADHA BABU
MANAGER-HR
NRI ACADEMY OF SCIENCES
From India, Guntur
If a person doesn't serve the notice period (note that he/she didn't sign any bond/document with his employer) and he/she is resigning from the company due to family problem, but he has completed 5 years of service and gratuity is deducted from his salary. Would he/she is eligible for getting back his gratuity money from his employer which is fully detected from his salary....Pls reply me to 
....
From India, Coimbatore
From India, Coimbatore
Dear sarand,
First I would like to tell you that Gratuity is not deducted from the salary and it doesn't matter that you have given the notice period or not if you want to take the gratuity then you should have completed the service duration of 5 years. And for that you have to give the resignation.
Thank & Regards
Imran Ansari
From India, New Delhi
First I would like to tell you that Gratuity is not deducted from the salary and it doesn't matter that you have given the notice period or not if you want to take the gratuity then you should have completed the service duration of 5 years. And for that you have to give the resignation.
Thank & Regards
Imran Ansari
From India, New Delhi
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FORM-F-NOMINATI ON OF GRATUITY.pdf