Dear HR Members,
This is a case study related to Payment of Gratuity of an Employee who is absenting from the work place since Four Months. We have issued 3-4 Letters. He has replied only First Letter showing that he is sick & on bed rest. After that he has not replied any letter. The Management has finally decided to run separation action treating him abandoned the services at his own.
What is the last date for calculation of Gratuity Payment whether the last date of working or Final Letter Issue date i.e. after 3-4 months of actual working date.
Pls. share your views as per Payment of Gratuity Act in UP.

From India, Delhi
What I understand from your post is your employee has absconded and you want to settle his dues and therefore asking for Gratuity calculation. However, if the employee has worked only for 4 - 5 months, gratuity payment will not be applicable as the eligibility is either employee should have worked for full 5 years or more than 4 years and 6 months.
Please do check the terms mentioned in his appointment letter. BUT if gratuity deduction was being done as a part of CTC (many companies do this) then the case is different.
You may check what policy your company had followed in the similar absconded cases.
With regards,
Vaishalee Parkhi

From India, Pune
In continuation of my post I would like to mentioned that the employee has completed more than 5 years, I mean he is entitled for gratuity payment. But my question is regarding calculation of Absentee period, as he was absent from the work place for 3-4 months than the Management has decided to treat him absconding case & run his separation action from active employees list.

From India, Delhi
What Chaubey, why should have this confusion ? Absent is absent, and after the absent he has not resumed duty. There ends the matter and the 'continuous service' link has snapped. Ensure that you send a registered letter to the hospital (if) he was under going any treatment. Now only action is to follow the procedure, to establish that you have not spared any steps to track him. Send registered and ordinary posts, issue news paper ads., paste the notices on your notice board, on the door of the last known address etc. If you don't mind register a FIR also with the jurisdictional police too. Initiate formal inquiry and conclude, close his service, calculate his F & F settlement and intimate thru' proper communication to him. If there is no response, deposit the amounts to the Designated officers of the Labour Dept.and close the file. What else you can do ? Take the help of your SO. If none, follow the procedure.
From India, Bangalore
Dear Mr.MK Choubey,
Simple matter is making complications. If a employee is absenting himself without proper sanction of leave and remained absent un authorized ly for more than ten consecutive days, he is liable for disciplinary action. Following the Domestic Enquiry procedure by appointing a Enquiry Office and prove his misconduct an d then terminate his services by giving terminatiuon notice. Please see that before you terminate, necessary to issue the Show Cause Notice asking for his explanation. If he fail to submit his reply, and send the termination order by registered post and struck of his name from the rolls of the Company.
Our learned member Mr.Kumar has given right answers to your query. Thanks Mr.Kumar.S.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant

From India, Bidar
The question asked is what would be the last date for calculation of Gratuity, as per my best knowledge it should be his/her last working date with your organization.
From India, Ahmadabad

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