With reference to one of senior member comments on citehr I want to clarify wheather this 240 days criteria for Gratuity & Retrenchment includes " Leave , Weekly Off & Government Holidays????? " or only Physical Presentee ????
Thanks in advance!!!
1. Whether the employee has right to approve leave of his subordinates? OR
2. Whether the employee is the authority to initiate disciplinary action against others? OR
3. Whether the employee is the authority to appraise his employees.
If answer to any of these questions is Yes, he will not come under the definition of workman under the Industrial Disputes Act.
Retrenchment benefit is the same in all sectors. But for workers working below the ground (of mines) the number of days which constitutes continuous service is 190 days and not 240 days. Th formula for computing gratuity remains the same.
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