Soical Compliance Auditing
Hr , Personnel & Admin
Hr & Admn.
Senior Hr Lead - India
ESI leaves should be considered in continous service.in your
case it is 19 years (ie : consider ESI leaves also).
In case of ESI leaves Esi has paid him partial salary then why
it should not be taken into continous service ?it has too.
even W'offs and suspension is considered as continous service.
even Holidays are taken in consideration as they are paid holidays.
(if i am not mistaken)
27th June 2009 From India, Bangalore
In your case it will be 19 years for calculation of gratuity if your company has the practice of not considering sick leaves as break in service. Please go through your company precedence and service rules(if any).
27th June 2009 From India, New Delhi
If he was on leave on ESI which is also countable,if a employee completed more than six months(or more than 120 working days) in a year,we will consider a complete one year.
In your case ,it should be 19 years.
28th June 2009 From India, Delhi
in gratuity act -5 yrs continuous service whoever completed he is liable to gratuity.
3500/- Rs. upto 3 Lakhs. continuous service includes sick leave or ESI leave,but
if any aacident cause it is not include because break down the service.
Karve institute of social service,
29th June 2009 From India, Pune
29th June 2009 From United Kingdom
What i feel is depending on the duration of the leave, and the reason behind it is very important. If in this duration he was without any pay coming to Gratuity for the leave duration should not be considered. Gratuity is some thing eligible for those who have worked during the whole service period.
In the Labour Law i guess it says"
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 2[***] 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; "
29th June 2009 From Qatar, Doha
Keeping in view details given by you, the concerned employee will be entitled to payment of Gratuity for 19 years and not 18 years since he has although not completed 240 days in that particular year but completed more than 6 months of continuous service (exceeding 120 days). Moreover he was under ESI where he must have got partial salary from ESI for the duration (65 days) he was under the treatment.
29th June 2009
30th June 2009