prashant1314 Started The Discussion:
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!!!
Not only under Payment of Gratuity Act but wherever references of 240 days are made under various Acts, such as Industrial Disputes Act for retrenchment compensation or lay off compensation, leave with wages under Factories Act, Mines Act etc, the days of paid leaves, leave due to employment injuries, maternity leave (in case of women) lay off days, legal strike days, holidays etc will be considered as days worked. Therefore, 240 days should include all paid holidays and leaves.
A workman is one who is employed for wages and who is not in the managerial or supervisory capacity. Though a supervisor drawing a monthly salary of more than Rs 10000 per month is out of purview of the Industrial Disputes Act, the real test of whether an employee is out of coverage of ID Act is based on the following:
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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