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three month notice period as per appointment letter required to serve.......
From India, Mumbai

three month notice period as per appointment letter required to serve....... he has take salary and immediately left the job without intimation
From India, Mumbai

Sir I am future group employee I have completed work 9 year 6 month but I without inform leave job I applicable or not my gratuity
From India, Mumbai

our one employee serve to company more the 6 years and he is absconding last two years, please suggest how to calculate gratuity 6years or 8 years.
From India, Delhi

Hello Ghanshyam,

Obviously, for 6 years, have you paid him salary for absconding days? Call him to your office and ask him to pay the amount of notice salary, and then release his gratuity payment.

Regards,

Suresh

From India, Thane

Dear Sirs,

If an employee is continuously absent from work for 2 years due to criminal cases, after 2 years, he shall resume his duty. Is he eligible for gratuity for these years?

Please provide your opinion on this.

Regards

From India, Delhi

Hi,

The important question here is whether the absence from duty for 2 years is an approved one or absence without information.

As per Section 2A of the Act, it is clear that in the event the employee is absent from duty due to sickness, accident, leave, or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.

If the employee had absconded without information and disciplinary action is initiated, then it cannot be considered as continuous service.

From India, Madras

An employee who remained absent from work for 2 years and is now being allowed to resume service is a wonder of wonders. Salute to HR and HR practices.

He will not be eligible for gratuity because the employee does not fulfill the criteria of five years of continuous service.

From India, Mumbai

It's not a wonder. There are many reasons/situations involved in long absenteeism. Only knowledgeable HR and management can make this type of decision. By the way, he has been absent after completing 15+ years of service.

Thanks for the valuable inputs!

From India, Delhi

Hi, For 15 years service he is definitely eligible for Gratuity. As you claim he involved in criminal cases better remove the period of absence and consider rest of the period for Gratuity.
From India, Madras

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