NIKASMI
Hi! I am working with a pvt Ltd company since last 8yrs. Now I have resigned from the post. I have taken leaves prior to maternity due to sickness for nearly 8months,Which are purely unpaid. Now my management told me that span will not be counted for gratuity. Is it fair?? Are they doing injustice to me?? Please help me
From India, Pune
Hi! I am working with a pvt Ltd company since last 8yrs. Now I have resigned from the post. I have taken leaves prior to maternity due to sickness for nearly 8months,Which are purely unpaid. Now my management told me that span will not be counted for gratuity. Is it fair?? Are they doing injustice to me?? Please help me
From India, Pune
The payment of gratuity act clearly states that you are eligible for the gratuity even in the leaves(lwp) as they have been sanctioned.
The extract of the 2A section is given below for your reference:-
[2A. 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 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, 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;
So if the compnay has not passed any order declaring the absence as break in service, but has sanctioned the leave as LWP, then you are eligible for the gratuity even for those 8 months.
Regards,
Ashutosh Thakre
From India, Mumbai
273The extract of the 2A section is given below for your reference:-
[2A. 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 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, 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;
So if the compnay has not passed any order declaring the absence as break in service, but has sanctioned the leave as LWP, then you are eligible for the gratuity even for those 8 months.
Regards,
Ashutosh Thakre
From India, Mumbai
Thank you very much ashutosh!! One more thing I would like to know is, the span of probation is also considered or not. My company don't have proper hr. They tried to save money by making their own rules. Thanks once again
From India, Pune
From India, Pune
Max 30 Days.... The gratuity should be paid within 30 days of the last working day of the employee....
Also if you do not receive this, you can approach the gratuity cell in the labour office at your area, to complain about the same.
Regards,
Ashutosh Thakre
From India, Mumbai
Also if you do not receive this, you can approach the gratuity cell in the labour office at your area, to complain about the same.
Regards,
Ashutosh Thakre
From India, Mumbai
Hi Nikasmi,
Thank you for your query in CiteHR reg. Gratuity.
You have stated that you worked for 8 years in the Co. of which; 8 months you were on LWOP due to Sickness. The Probation can be 6 or 12 months.
As rightly pointed out by Senior Members, Company cannot deny Gratuity on the above 2 grounds. Hence, you are entitled for Gratuity.
HR Consultant. 26.9.15
From India, Bangalore
Thank you for your query in CiteHR reg. Gratuity.
You have stated that you worked for 8 years in the Co. of which; 8 months you were on LWOP due to Sickness. The Probation can be 6 or 12 months.
As rightly pointed out by Senior Members, Company cannot deny Gratuity on the above 2 grounds. Hence, you are entitled for Gratuity.
From India, Bangalore
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