yes dear she is eligible for the gratuity and bonus because she already completed her
continuous services of 4 yrs and 240 days . (gratuity )
and 30 days of financial year for bonus
but due to following reason some one not found eligible if
GRATUITY
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 treating the absence as break in service has been passed in accordance with the standing order, 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.
in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.
(3) where an employee employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
bonus
an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for-
Fraud; or
Riotous or violent behaviour while on the premises of the establishment; or
Theft, misappropriation or sabotage of any property of the establishment.
VIKASH SHARMA
From India, Delhi
continuous services of 4 yrs and 240 days . (gratuity )
and 30 days of financial year for bonus
but due to following reason some one not found eligible if
GRATUITY
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 treating the absence as break in service has been passed in accordance with the standing order, 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.
in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.
(3) where an employee employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
bonus
an employee shall be disqualified from receiving bonus under this Act, if he is dismissed from service for-
Fraud; or
Riotous or violent behaviour while on the premises of the establishment; or
Theft, misappropriation or sabotage of any property of the establishment.
VIKASH SHARMA
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
Recent Judgment of Honble Supreme Court on Wage eligible for contribution.pp tx