Any one clarify the below query:
Worked period: 01.12.2011 to 28.02.2018 Worked days details are as follows:
1st Year worked days (Dec '11 to Nov '12) = 281.5 days
2nd Year worked days (Dec '12 to Nov '13) = 281.5 days
3rd Year worked days (Dec '13 to Nov '14) = 238.5 days
4th Year worked days (Dec '14 to Nov '15) = 272.5 days
5th Year worked days (Dec '15 to Nov '16) = 274.5 days
6th Year worked Days (Dec '16 to Nov '17) = 266.5 days
In the 3rd year, he has worked below 240 days for the calendar year. So, is he eligible for gratuity? Is it mandatory for the gratuity act of 240 days per year?
From India, Chennai
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1Worked period: 01.12.2011 to 28.02.2018 Worked days details are as follows:
1st Year worked days (Dec '11 to Nov '12) = 281.5 days
2nd Year worked days (Dec '12 to Nov '13) = 281.5 days
3rd Year worked days (Dec '13 to Nov '14) = 238.5 days
4th Year worked days (Dec '14 to Nov '15) = 272.5 days
5th Year worked days (Dec '15 to Nov '16) = 274.5 days
6th Year worked Days (Dec '16 to Nov '17) = 266.5 days
In the 3rd year, he has worked below 240 days for the calendar year. So, is he eligible for gratuity? Is it mandatory for the gratuity act of 240 days per year?
From India, Chennai
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R.Gobi are you included his NH/Fh 9 days in those 238.5 days or not. I hope you dont included his NH/FH. Please let it me know
From India, Madurai
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From India, Madurai
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Person is entitled for gratuity as long there was no break in service during the last five years.
From India, Pune
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From India, Pune
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01.its mandatory of 240 days for every calendaring year as per gratuity act? 02.if any calendaring year defined by gratuity act? for example: January to December, etc or its based on employees DOJ.
From India, Chennai
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From India, Chennai
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Sec 2A of Payment of Gratutity Act defines Continuos service as follows
Continuous service.—For the purposes of this Act,—
(1) 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 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, 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;
So kindly review his employment records and see whether Dec13 to Dec14 is covered undr this.
Extract from Bare Act
where an employee (not being 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—
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—
(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establish-ment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
You can decide taking all these facts into consideration.
I still say he is entitled for Gratuity unless in 13-14 there was a documented break in service for which he was punished as break in service.
From India, Pune
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Continuous service.—For the purposes of this Act,—
(1) 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 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, 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;
So kindly review his employment records and see whether Dec13 to Dec14 is covered undr this.
Extract from Bare Act
where an employee (not being 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—
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—
(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establish-ment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
You can decide taking all these facts into consideration.
I still say he is entitled for Gratuity unless in 13-14 there was a documented break in service for which he was punished as break in service.
From India, Pune
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Dear Nathrao ji,
You mentioned that a person is entitled to gratuity as long as there was no break in service during the last five years. Your post also has one validation.
I would like to ask you, with due respect, where is it stated in the PoG Act? Your reply will provide more clarity on the subject. I have also read your subsequent post.
Thank you.
From India, Mumbai
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You mentioned that a person is entitled to gratuity as long as there was no break in service during the last five years. Your post also has one validation.
I would like to ask you, with due respect, where is it stated in the PoG Act? Your reply will provide more clarity on the subject. I have also read your subsequent post.
Thank you.
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx