Hello, Can someone please help with the calculation of continuous service (i.e. 5 years)? I have served in an organization from 9th December 2019 to 8th November 2024. With a unpaid leave of 3 months due to personal reasons from 1st Apr’23 to 30th Jul’23.
1. The employer is denying paying gratuity, saying that I didn’t complete 5 years of service because of my leave.
2. I am calculating 5 years from 2020 to 2024, will 2023 be counted as full year of service in my case?
From India, Bengaluru
1. The employer is denying paying gratuity, saying that I didn’t complete 5 years of service because of my leave.
2. I am calculating 5 years from 2020 to 2024, will 2023 be counted as full year of service in my case?
From India, Bengaluru
Hi, If those 3months unpaid leave is approved one then this period should also be considered for the purpose of calculating Gratuity. Employer cannot deny.
From India, Madras
956From India, Madras
Will my one year internship period be considered for gratuity or only full time employment period be considered?
From India, Chennai
From India, Chennai
As per PG Act, Gratuity is payable after rendering 5 years' of continuous service. Further, the period short of 6 months is not reckoned and if it exceeds 6 months, it is considered as full year. In your case, you have rendered 4 years and 11 months' service with 03 months of unpaid leave. if the unpaid leave was granted / approved by Competent Authority, the Gratuity is payable. AND even if the period is not reckoned as continuous service, the period of service is 4 years 08 months, which amounts to 5 years, as per rule given in the PG Act.
So in my opinion, Gratuity is payable under PG Act.
From India, New+Delhi
So in my opinion, Gratuity is payable under PG Act.
From India, New+Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx