divyankaprasad29@gmail.com
Respected Seniors,
I have come across a case of Long Absenteeism of an mining industry where the employee was in long absenteeism due to which management has dismissed him from the roll of the company . So , in this case whether the employee is eligible to get gratuity amount or not ? He has completed five years of time with the company .
Thanks & Regards,
Priyanka Prasad
Asst. Manager

From India, Ranaghat
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
9871103011
Private Consultant On Labour Laws
Divyankaprasad29@gmail.com
Asst Manager (pers)

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Madhu.T.K
3785

Absenteeism is not a reason to withhold the gratuity. Gratuity shall only be forfeited when the employee has been dismissed for an offence involving moral turpitude or has done monetary loss to the company by his violent act. In this case none of these parameters as described in section 4(6) is found and therefore, he is entitled to get gratuity for the service he has rendered. If his absence has not been regularised, of course, you need not count it as service but if the remaining period qualifies to gratuity, he should be paid gratuity accordingly.
Madhu.T.K

From India, Kannur
9871103011
455

Hello Priyanka,
Entitlement of terminal benefits on dismlssal depends on the (i) Company policy (ii) Clauses stipulated in the certified standing orders of the company and (iii) Terms & conditions of the the appoinyment letter or the contract. Normally in Govt services, an employee losses all his terminal benefits except the PF accumulations.I agree with Sh Madhuji that such cases are not covered under section 4(6) of the PG Act,1972.
It may be true that the individual may have completed five years with the company but you need to verify the fact that inspite of being as habitual absentee,whether he has actually worked for 240 days in a period of twelve calender months (190 days, if the individual is employed below the ground in mine), I am sure he may not qualify the criteria of actual working days.In that case,you can certainly debar him the benefits enshrined under the PG Act,1972 and Rules made thereunder.
BS Kalsi

From India, Mumbai

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