Legal Analyst, Hrm
Hr Officer
Premkumar Nair
Manager (hr)-retired
Radhakrishna K P
Manager - Human Resources
Sr Mngr Hr & Admin
Asst.personnel Officer,
Chartered Accountant
+4 Others

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Hi Friends,
I like to ask one question regarding gratuity payment, we have a employee who is working in my company for past 10 years but in last two years he only worked for 180-200 days each year. So my question is do we have to pay him gratuity for Eight (8) years or Ten (10) years.
Tarun Gupta
NKG Consultant

He has worked for 200 days. But for how many days you have mad payment for. All with pay or without pay??
We paid him 186 days salary from 01 April,2011 to 31 March,2012 And 170 days salary from 01 April,2012 to 31 Jan,2013 He was absent rest of the days so is he eligible for last years gratuity or not
On examining just these facts, I can say he is not eligible for gratuity for these two years.There is a school off thought that information should have been given to the employee in advance. I do not subscribe to this view as the Act is very clear regarding eligibility
Gupta Consultant
By my Knowledge you have to pay 10 yrs Gratuity..
My question to you is..
1) Any disciplinary action took against him regarding Absentees??
2) Did he provide any medical certificate ..for absent days??
because in L.court judgement made on the gratuity on the base of DATE OF JOINING & DATE OF RESIGNATION..
If am i ..wrong plz correct me..

Actually He is a old & loyal employee, My employer is willing to pay him. I am just asking this question to increase my knowledge.
1) Any disciplinary action took against him regarding Absentees??
No we didnt because like i said he is old & loyal employee
2) Did he provide any medical certificate ..for absent days??
He did some time
We are paying him because he is a old member, he doesn't do any work.

Dear Forum,
As far as I have known, the number of "YEARS" while calculation of Gratuity is from DOJ to DOL. For Example: If a person joins on 18th June 2005 and leave the job after 4 years and 240 days in fifth year, then you should pay him Gratuity for 5 Years. Here there is no question of Calender Year or Financial Year, it should be from DOJ to DOL.

No that may not be true. DOJ may not be basis for calculation. Most employees are starting from Probation. You are NOT deducting his Salary for any thing. On confirmation he is eligible for Increments, PF , Gratuity hence calculation is based on Confirmation and Date of Leaving.
Please note that there will not be probationery period for all the employees or probationery period is not compulsory in all the companies. I have put my opinion in General terms. Please do not decline any opinions right-a-face.

Probation period is included for all statutory benefits like gratuity, PF, Bonus etc. The question raised here is not about whether probation is included or not. It is settled that Probationary period if any will be included for purpose of calculating gratuity. The question is about an employee who did not complete 240 days in a year.

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