Queries
Dear Sir/Madam,
I wish you to guide me with regards to the gratuity payment. I have joined the organisation on 01/01/2007 and have resigned from the said organisation. I will be serving the notice period and my last day of work will be 31/03/2012.
Also i would like to mention i was on leave in the last year ie.from 15/01/2010 to 31/12/2010 for my pregnancy & other medical problems. But i got the ESIC Benefit(maternity benefit for 84 days)for the same b\\\'coz rejoined in the office for 1 day ie on 01/07/2010 (maternity leaves was from 7th April 2010 to 30/06/2010) to avail the ESIC Benefit.Again from 02/07/2010 to 31/12/2010 I was on leave .Also these leaves were without salary permitted by the management .I want to know whether i am eligible for gratuity in these conditions .
Regards,
Vijayita.

5th March 2012 From India, Mumbai

PARTICIPATING IN DISCUSSION:
Abhay_011
Professor
Anuj Trivedi
Hr & Admin
+3 Others

Dear Vijayita ji,
You are eligible for gratuity as you have already completed 5 years of employment. As you have mention leave days, it will not effect the eligibility criteria given under Gratuity Act.
Regards,
Anuj Trivedi
5th March 2012 From India, Lucknow
Dear Vijayita Ma'am,
Thanks for your raised Questino- acutaly it is statutoy requirement and employeer is obligatory to give the Gratuity to employees. as per the gratuity act disqualification of such employee if he/she has done the missconducts mentioned uder the modlel Standing order. but there is nothing a same. you can apply to the Gratuity if any question and problem you can directly call me or raise the question details shall be mention.
8390907401
7th March 2012 From India, Mumbai
Dear Vijayita,
Good Afternoon!
No! You are not eligible for gratuity benefit as per Gratuity Act 1972 Rules.
Clearly showing in your briefing that you have not completed 5 yrs working period in the organization. Moreover one complete year (Jan 2010-Dec 2010)
you were on leave.
Rgds
Abhay Raj
National Head-HR & Legal
RH Group Mumbai

7th March 2012 From India, Mumbai
Dear sir,
Mrs.Vijayita's service continued. she completed 5 years service, so i hope she is eligible for grajuity. and she will get 4 years grajuity payment. i am waiting for your valuable reply
With Warm Regards
Shobana
7th March 2012 From India, Bangalore
No, you are not eligible for gratuity.
In the 5th year you have worked approx 100 days( 15 days in jan, 84 days for maternity, 1 day in july). even if you had APL/PL/CL/EL which may maximum constitute to 60 day(20 days/year), you would have got the salary paid for 150 - 180 days. Rest days would be LOP.
so which is less than 240 days in the 5th year.
Every year you should work for 240 days(Minimum).
7th March 2012 From India, Mumbai
Dear Shri Abhay Raj Ji,
Please check your assertion once again. Even if the leave is without pay, if it is on medical ground duly supported with a proper medical certificate and the competent authority has accepted it for grant of leave (any kind of leave), it is considered as qualified service period and is eligible for computation of gratuity. I do not see any difficulty in Smt. Vijayita Ji getting gratuity for the entire period of her services. Thanks and regards,
10th March 2012 From India, Pune
Dear Mr. Abhay Raj,
As there is no break in the services of Vijayita ji & she was on authorised leave (may be with leave or without leave) on medical grounds, she is elligible for gratuity.
Regards,
Anuj
10th March 2012 From India, Lucknow
Dear Anuj, But she has to work for 240 days. LOP is not counted as working day even it is authorised.
10th March 2012 From India, Mumbai
Dear Ms.Vijayita Nair

The following is the worksheet for calculating the number of years of continuous service rendered by you with your management. This is based on the information furnished by you in this thread.

Date of leaving (Proposed) 2012-03-31.

Date of joining 2007-01-01

Total length of service 5-2-30 that is five years two months and thirty days.

During the year 2010 you have availed leave as follows:

Leave without salary permitted by the management from : 15-01-2010 to 06-04-2010

Maternity leave from 07-04-2010 to 30-06-2010

Duty on 1-7-2010

Leave without salary permitted by the management from 02-07-2010 to 31-12-2010

During the year 2010 you have availed maternity leave under ESI. This period has to be reckoned for computing the years of continuous service rendered by you. The other spells of leave availed by you during the year 2010 are all leave without salary but permitted by the management. Section 2A of the Payment of Gratuity Act defines the term "continuous service" for the purposes of this Act and for the purposes of calculating the continuous service for eligibility to get gratuity under the Payment of Gratuity Act. You please take a copy of the Payment of Gratuity Act and read section 2A. The term "continuous service" in so far it relates to the Payment of Gratuity Act includes even absence from duty without leave. In your case the period of your absence during the year 2010 is permitted by the management. In other words it is authorised leave or authorised absence. Moreover according to section 2A of the Payment of Gratuity Act even in the case of unauthorised absence, the employer/management has to pass an order in writing and communicate it to the concerned employee informing him that the period of his unauthorised absence will be treated as a break in service for the purposes of calculating the "continuous service" contemplated under the Payment of Gratuity Act.This order has to be passed when the employee avails the unauthorised leave and not at the time the payment of gratuity becomes due. In your case, the absence is authorised absence or authorised leave. So no question of break in service will arise. Therefore, the authorised leave availed by you during the year 2010 has to be reckoned for the purpose of calculating the length of continuous service rendered by you. Even if it is assumed for the purpose of discussion that your absence was not authorised by the employer, then also if the employer had not passed an order treating the absence as "break in service" for the purpose of "continuous service" under the Payment of Gratuity Act, that period of unauthorised absence has to be reckoned for calculating the length of "continuous service". Therefore if the Payment of Gratuity Act is applicable to the establishment in which you are employed and also if the Payment of Gratuity Act is applicable to you, then you are eligible to get gratuity under the Payment of Gratuity Act as you have put in more than five years of continuous service.

My above stated views are based on the information furnished by you in this thread.

With regards
11th March 2012 From India, Madras

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