If a worker has not completed 240 days (suppose he has worked 230 days only in 12 months), then can I include Sundays or off days as well as festivals or national holidays with 230 days? If I can include them, then under which section/sub-section. Please suggest.
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Dear Santosh,
Please go through Section 25-B of the ID Act, 1947, for the definition of the term "continuous service" and the method of calculation of 240 days. Certainly, not only the days the workman actually worked but also all the off days and authorized holidays are to be included in the computation of 240 days.
From India, Salem
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6185Please go through Section 25-B of the ID Act, 1947, for the definition of the term "continuous service" and the method of calculation of 240 days. Certainly, not only the days the workman actually worked but also all the off days and authorized holidays are to be included in the computation of 240 days.
From India, Salem
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If a workman has completed 5 years of service and the company retrenches or terminates him from the service, then the company is obliged to give the gratuity amount. Alternatively, the company may have to give both the gratuity and retrenchment benefits.
Please suggest.
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Please suggest.
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Dear Pratap,
In the case of termination of such a workman by way of retrenchment or any other mode, including dismissal, which is not on the grounds of any misconduct involving moral turpitude or riotous behavior for which a notice under Section 4(6) of the Payment of Gratuity Act, 1972 has not been issued, both retrenchment compensation and gratuity must be paid.
From India, Salem
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In the case of termination of such a workman by way of retrenchment or any other mode, including dismissal, which is not on the grounds of any misconduct involving moral turpitude or riotous behavior for which a notice under Section 4(6) of the Payment of Gratuity Act, 1972 has not been issued, both retrenchment compensation and gratuity must be paid.
From India, Salem
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