Dear Sir,
In our Company an employee work since 13/03/2008 and resign on 30/06/2014. his service period is more than 5 years but his total working days are 1034.
I think that an employee should be present at least 240 days in the year. so this employee is eligible for gratuity or not ?
From India, Raikot
5In our Company an employee work since 13/03/2008 and resign on 30/06/2014. his service period is more than 5 years but his total working days are 1034.
I think that an employee should be present at least 240 days in the year. so this employee is eligible for gratuity or not ?
From India, Raikot
Please elaborate your query, as per your query the employee has attended 1034 days in 6 years approx. which is 6 months per year on an average. Kindly explain further to give appropriate view
From India, Ahmadabad
From India, Ahmadabad
Dear CGM,
Please allobrate your query, is the employee worked only for 1034 days altogether in 6 years, it seems he is not comming to the office regulary, did he is comming on parttime basis. If you elebrate query we can give proper response
Thanks and regards
Lakshminaryana
9866917232
From India, Hyderabad
Please allobrate your query, is the employee worked only for 1034 days altogether in 6 years, it seems he is not comming to the office regulary, did he is comming on parttime basis. If you elebrate query we can give proper response
Thanks and regards
Lakshminaryana
9866917232
From India, Hyderabad
Sir, I describe
This question is for a Female worker who was working as a Helper (sweeper). She was our permanent employee. Due to her illness (Waist Pain) she was work between 15 to 20 days in the month so she couldn't complete 240 working days in each year in her 6 year sevice.
we have other employee for a same work so as a humanity our management ignore her absent and allow her to work in same.
From India, Raikot
This question is for a Female worker who was working as a Helper (sweeper). She was our permanent employee. Due to her illness (Waist Pain) she was work between 15 to 20 days in the month so she couldn't complete 240 working days in each year in her 6 year sevice.
we have other employee for a same work so as a humanity our management ignore her absent and allow her to work in same.
From India, Raikot
If her employment wasn't terminated nor was her absence counted, then she is eligible irrespective of the number of days.
My recommendation would be to pay her an ex-gratia payment instead of the gratuity and have her sign a 'no-dues' pending letter which explains she understands there is no gratuity payable and is accepting ex-gratia payment and that she will never make any claims or in the event of a claim, she forfeits the ex-gratia payment with interest
From India, Mumbai
My recommendation would be to pay her an ex-gratia payment instead of the gratuity and have her sign a 'no-dues' pending letter which explains she understands there is no gratuity payable and is accepting ex-gratia payment and that she will never make any claims or in the event of a claim, she forfeits the ex-gratia payment with interest
From India, Mumbai
Dear CGM
As regards ex-gratia, you can say that since the lady has not completed 240 days in year, you can consider following method
If Gratuity amount in regular case say 5000/240X days she has worked= amount of ex-gratia
Example lady has 10000/- salary. Gratuity would be 5769/240X220=5288 Amount of ex-gratia for that particular year.
Regards
SDP
From India, Kolhapur
As regards ex-gratia, you can say that since the lady has not completed 240 days in year, you can consider following method
If Gratuity amount in regular case say 5000/240X days she has worked= amount of ex-gratia
Example lady has 10000/- salary. Gratuity would be 5769/240X220=5288 Amount of ex-gratia for that particular year.
Regards
SDP
From India, Kolhapur
Dear CGM,
You have mentioned that the concern employee has worked from 13/03/2008 to 30/06/2014.By a simple calculations, appearently it looks that the concerned employee has worked for 6 years three months and 17 days, but you have mentioned in your subsequent posting that due to her illness (Waist Pain) she has hardly workedfor 15 to 20 days in the month so she couldn't complete 240 working days in each year in her 6 year sevice.
You know that the Gratuity is payable to an employee on the termination of his/her employment after he has rendered continuous service for not less than five years.The Act has clarified under its Section 2A that for the calculations of period of one year, if an employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under an employer for not less than two hundred and forty days in an establishment, which works for not less than six days in a week. In such cases an employee stand eligible for the payment of gratuity.
You can calculate the number of days for each of the years in which the female has worked to see whether has completed 240 days in a year though the sick leave sanctioned by the management shall be added in the calculation.
BS Kalsi
From India, Mumbai
You have mentioned that the concern employee has worked from 13/03/2008 to 30/06/2014.By a simple calculations, appearently it looks that the concerned employee has worked for 6 years three months and 17 days, but you have mentioned in your subsequent posting that due to her illness (Waist Pain) she has hardly workedfor 15 to 20 days in the month so she couldn't complete 240 working days in each year in her 6 year sevice.
You know that the Gratuity is payable to an employee on the termination of his/her employment after he has rendered continuous service for not less than five years.The Act has clarified under its Section 2A that for the calculations of period of one year, if an employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under an employer for not less than two hundred and forty days in an establishment, which works for not less than six days in a week. In such cases an employee stand eligible for the payment of gratuity.
You can calculate the number of days for each of the years in which the female has worked to see whether has completed 240 days in a year though the sick leave sanctioned by the management shall be added in the calculation.
BS Kalsi
From India, Mumbai
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