I have a bit confusion in my mind about gratuity calculation. If a employee is absent for 5 months in between his 5 years of service how did the gratuity will be calculate?
From India
2From India
Hello there,
Gratuity is depend on the employer; so if your company have policy about leave and amendments; kindly check your policy document, most of the companies will check the service period include leaves; even if your employer is on leave for 5 months; he was re-joined again, so his service is continuous; so calculations will also done for leave period also.
From India, Hyderabad
Gratuity is depend on the employer; so if your company have policy about leave and amendments; kindly check your policy document, most of the companies will check the service period include leaves; even if your employer is on leave for 5 months; he was re-joined again, so his service is continuous; so calculations will also done for leave period also.
From India, Hyderabad
I would like to request the poster to go through the term "continuous service" defined u/s 2 -A of the Payment of Gratuity Act, 1972 carefully. Any unauthorized absence which is declared to be break in service as per the provisions of the Standing Orders or the Service Regulations of the establishment applicable to the absentee has to be treated as interruption and excluded for the purpose of computation of continuous service in that year. Even after the exclusion of such unauthorized absence, if the total number of days comes to 240 days in that year, the employee is entitled to gratuity for that year. If no such declaration is made by the employer, such unauthorized days of absence have to be necessarily taken into account for the purpose of computation of continuous service.
From India, Salem
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc