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An employee had worked in an organization for 12 years. During the 12-year service period, he had completed 240 days only in four years. The rest of the time, his working days were below 240 days each year.

Is he entitled to gratuity for the 12-year service period?

From India, Calcutta
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If the service break was recorded, then he will not get gratuity. What is required is that the employee should be in service. An employee will be in service even if he is not employed. If the service is broken by way of a letter, then he will lose gratuity. At the same time, the employee will be in service but during 12 months, he may be employed for less than 240 days. In such an eventuality, the employee is deemed to be in service, and he will be entitled to get gratuity.
From India, Kannur
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