Hi, Please advise if a staff is terminated due to long absenteeism but he has completed more than 5 years of work in an organization. He will be eligible for Gratuity or not.
From India, Bengaluru
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From India, Bengaluru
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Yes as per company norm candidate get gratuity if, he/She completed 5 years from joining date.
From India, Bhubaneswar
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1From India, Bhubaneswar
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Provisions of the Gratuity Act dealing with such cases, specifically Section 2A on continuous service, state the following:
Section: 2A Continuous service. For the purposes of this Act, an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service. This includes service that may be interrupted due to sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing order, 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.
The question arises: was his absenteeism a matter of punishment resulting in a break in service?
From India, Pune
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Section: 2A Continuous service. For the purposes of this Act, an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service. This includes service that may be interrupted due to sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing order, 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.
The question arises: was his absenteeism a matter of punishment resulting in a break in service?
From India, Pune
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx