Greetings to all seniors,
I have one query about the Payment of Gratuity Act 1972. Please clarify this as soon as possible. Are Sundays, holidays, and weekly off days counted for calculating the 240 working days as a completed year under the Payment of Gratuity Act 1972? In other words, will "Sundays, weekly offs, and holidays" be counted for calculating the 240 working days to determine a completed year under the Payment of Gratuity Act 1972, or should they not be counted?
Please suggest to me. I'm looking for your valuable guidance.
Thanks and regards,
Devendra Mohan Gaur
From India, Faridabad
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5I have one query about the Payment of Gratuity Act 1972. Please clarify this as soon as possible. Are Sundays, holidays, and weekly off days counted for calculating the 240 working days as a completed year under the Payment of Gratuity Act 1972? In other words, will "Sundays, weekly offs, and holidays" be counted for calculating the 240 working days to determine a completed year under the Payment of Gratuity Act 1972, or should they not be counted?
Please suggest to me. I'm looking for your valuable guidance.
Thanks and regards,
Devendra Mohan Gaur
From India, Faridabad
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Dear Devendra,
This is in reference to your query regarding the computation of 190 days or 240 days, as applicable. The following days must be taken into consideration:
1. Sundays and holidays for which the workmen are paid.
2. Periods of lay-off.
3. Periods of earned leave with full wages.
4. Maternity leave period.
5. Absences due to temporary disablement from an accident.
Reference: Industrial Disputes Act, 1947
Thank you.
From India, Mumbai
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This is in reference to your query regarding the computation of 190 days or 240 days, as applicable. The following days must be taken into consideration:
1. Sundays and holidays for which the workmen are paid.
2. Periods of lay-off.
3. Periods of earned leave with full wages.
4. Maternity leave period.
5. Absences due to temporary disablement from an accident.
Reference: Industrial Disputes Act, 1947
Thank you.
From India, Mumbai
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Dear Mr. Ubaid,
Please provide a detailed explanation regarding point No. 1.
In the monthly salary structure, Sundays or weekly holidays are considered as paid weekly offs. However, in the per-day structure, payments are made only for working days. Consequently, employees under this structure do not receive payment for weekly offs.
In this scenario, how should this situation be addressed?
Thank you in advance.
From India, Pune
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Please provide a detailed explanation regarding point No. 1.
In the monthly salary structure, Sundays or weekly holidays are considered as paid weekly offs. However, in the per-day structure, payments are made only for working days. Consequently, employees under this structure do not receive payment for weekly offs.
In this scenario, how should this situation be addressed?
Thank you in advance.
From India, Pune
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If these weekly off days and holidays are paid days then these days are counted for deciding the eligibility for and calculation of Gratuity. Ref: Payment of Gratuity Act. Madhu.T.K
From India, Kannur
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From India, Kannur
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Sundays and Holidays & Weekly Off days are counted for calculating 240 working days as completed year under Payment of Gratuity Act.
From India, Ahmadabad
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From India, Ahmadabad
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As far I think Sundays or Weekly offs are not included for the calculation of 240 days. If these are included then why two definition have been given in Section 2a subsection 2 clause (a)(i) and (a)(ii) which reads as follows:
"(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case"
In (i) there is no need to add this:
"or in an establishment which works for less than six days in a week."
It should have been omitted...
Regards
Dinesh Kumar
From India, New Delhi
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"(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case"
In (i) there is no need to add this:
"or in an establishment which works for less than six days in a week."
It should have been omitted...
Regards
Dinesh Kumar
From India, New Delhi
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In Gratuity Act 1972 it not mentioned the calculation of Gratuity on working days. Hence w.off, paid holidays are considered while calculating days
From India, New Delhi
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From India, New Delhi
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Dear Dineshkumar 190 days are calculated for any establishment who has 5 day working in a week instead of 6 day working in a week.
From India, Ahmadabad
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From India, Ahmadabad
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Hi Mr. Dinesh and Saji,
From which sources have you defined 190 days as continuous services relevant to 5 days of work in a week? Kindly confirm and mention the provisions as well. I am not finding this information under the ID Act or Factory Act. Please confirm.
From India
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From which sources have you defined 190 days as continuous services relevant to 5 days of work in a week? Kindly confirm and mention the provisions as well. I am not finding this information under the ID Act or Factory Act. Please confirm.
From India
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