Sandeep Gupta
ADVOCATE F18 KARKARDOOMA COURT,
KARKARDOOMA
NEW DELHI
Mobile : 9891874077
Email : advosandip@gmail.com
April 15, 2012
------------------- sachin … Querist
O P I N I O N
I refer to the Querist’s email dated April 13, 2012.
The Querist seeks my opinion as to certain employees having made a claim for gratuity, who have worked for four years and in the fifth year, have worked for 240 days but have not completed five years of service. The Querist further seeks my opinion as to whether the concerned employees in such a case would be entitled to payment of gratuity under the provisions of the Payment of Gratuity Act, 1972 (the said Act)
The Querist’s kind attention is invited to Section 4(1) of the Payment of Gratuity Act, which is reproduced as under:
“Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:-
(a) on
From India, Delhi
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ADVOCATE F18 KARKARDOOMA COURT,
KARKARDOOMA
NEW DELHI
Mobile : 9891874077
Email : advosandip@gmail.com
April 15, 2012
------------------- sachin … Querist
O P I N I O N
I refer to the Querist’s email dated April 13, 2012.
The Querist seeks my opinion as to certain employees having made a claim for gratuity, who have worked for four years and in the fifth year, have worked for 240 days but have not completed five years of service. The Querist further seeks my opinion as to whether the concerned employees in such a case would be entitled to payment of gratuity under the provisions of the Payment of Gratuity Act, 1972 (the said Act)
The Querist’s kind attention is invited to Section 4(1) of the Payment of Gratuity Act, which is reproduced as under:
“Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:-
(a) on
From India, Delhi
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This revised version corrects spelling errors, grammar mistakes, and aligns the text for clarity and coherence.
From India, Mumbai
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124From India, Mumbai
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Dear Sumit ji, there was a typing error in this post: the employee has completed 4 years and 8 months of service. If the employee has not taken leave without pay, as per High Court decisions, an employee completing 4 years and 8 months is eligible. The last eight months are considered as 1 year if the day's calculations amount to 240 days in total (Paid Time Off + Actual Working + Paid Holidays).
1 year = 240 days
1 month = 24 days
If a month contains 30 days on average, then 30 * 8 = 240.
Attribution: https://www.citehr.com/450869-gratui...#ixzz2Kwjt76E5
From India, Mumbai
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1 year = 240 days
1 month = 24 days
If a month contains 30 days on average, then 30 * 8 = 240.
Attribution: https://www.citehr.com/450869-gratui...#ixzz2Kwjt76E5
From India, Mumbai
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Dear,
Though everybody has commented that you are eligible, I am also of the same view. However, you have to check whether your MNC is situated in an SEZ. Some of the labor laws are not applicable to the companies working in SEZ.
Regards,
MS Lenin
From India, Thiruvananthapuram
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Though everybody has commented that you are eligible, I am also of the same view. However, you have to check whether your MNC is situated in an SEZ. Some of the labor laws are not applicable to the companies working in SEZ.
Regards,
MS Lenin
From India, Thiruvananthapuram
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Dear Hari, Sure you are eligible after completion of 240 working days in your 5th year and the notice period also includes in your working days as per sec 4 of Payment of Gratuity Act, 1972.
From India, Hyderabad
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From India, Hyderabad
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx