Simna
Hi Suresh
Clarifications on your statements please:
My understanding of your statement is that an employee who does not have 75% of attendance every year is not eligible for Gratuity. For instance: if an employee is 7years old in a firm with only 40% of attendance in 3rd year and 75% all the other years...is that employee eligible for Gratuity?
Regards
Simna

From India, Bangalore
Heena_Bhola
7

Gayathri, yes u can if she din’t take leave in this year and as far as permission is concerned so it’s upto ur company rule that your company accept the request or not. Thanks & regards,
From India, Ambala
srinivashr23
Hi,
Dear HR fraternity,
I'm working in a construction company as HR, we don't have implemented any Gratuity Rules in my company till date. Some of our employees are completing their 5 yrs of service, in this regard, is there any possibility to implement the Gratuity Rules? If they claimed for gratuity, what action i've to take? We haven't deducted any gratuity contribution from the employees. Dear seniors pls guide me in this regard.
Thanks & Regards

From India, Hyderabad
boss2966
1168

Dear Srinivas
Normally the construction activities are not taking place for more than 2 or 3 years. Futher the workers are not at all continuously working for more than 6 months or 1 year. Hence we are not following for the workers. For staff level you must follow all the procedures.
Gratuity cannot be deducted from the employees but it should be paid to the employee at the time of leaving the service from the company, if an employee or worker worked for 5 continuous years of service. If any break in his service, then he is not eligible to get the Gratuity.

From India, Kumbakonam
Heena_Bhola
7

Hi,
I am totally agreed with Mr. Bhasker . There is no any gratuity for short term employees...and no deduction from there salary. Gratuity as a reward which provide to employees for completing 5yrs continues service at the time of superannuation,resignation.its very simple formula of the same...last drown basic salary+da*15*no of service yrs /26.
Thanks & regards,

From India, Ambala
murugavelbalaraman
68

Dear Member,
It is a policy matter of the company. Every company will have their own policy of leave to meet some exigeunncies and on personal grounds. One thing we have to understand that, the denial or refusal of leave never dipsqualifies the employee to get statutory benefit.

From India, Madras
gimsur
7

Hi Simna,
If the employee completed 7 years and his attendance was 40 % in the 3 rd year then he may bot be eligible for all the 7 years and he will be eligible for the 3 rd year alone he will be proportionality eligible

From India, Madras
murugavelbalaraman
68

Dear Member,
The grant or denial of leave is abosolutely policy matter of the company and its employer. However, the authorized leave will be considered for computation of continuation of service. Please also refer the company standing order or terms of appointment dealing with long absence or termination.

From India, Madras
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