Sir,
I had served in an educational institution for 12 years on a 3-year term basis, with a gap of 7 days in between each term. Legally, it can be proved that I performed my duties on the gap days as well, as I was in charge of admissions. All admissions during these 7 days contain my signature along with the date, which was countersigned by the Principal.
Could you please clarify whether I am eligible for gratuity payment or not?
With warm regards,
Praveen K Sharma
From India, New Delhi
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I had served in an educational institution for 12 years on a 3-year term basis, with a gap of 7 days in between each term. Legally, it can be proved that I performed my duties on the gap days as well, as I was in charge of admissions. All admissions during these 7 days contain my signature along with the date, which was countersigned by the Principal.
Could you please clarify whether I am eligible for gratuity payment or not?
With warm regards,
Praveen K Sharma
From India, New Delhi
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The gaps can make you ineligible for gratuity. Gaps between each renewal have been shown on paper for this purpose only. When you quit, you can try and claim gratuity. If not agreed, use the evidence that there was no break in service at all in reality. This means here you have to collect and preserve evidence of your continuous work.
From India, Pune
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3180From India, Pune
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A break in service of seven days would not count under labor laws like the Industrial Disputes Act or the Payment of Gratuity Act, provided the number of days worked during a period of 12 months is not less than 240 days. Therefore, in my opinion, you are entitled to 12 years of gratuity. Contractual employment that is renewed every 3 years with a break of 7 days will not make the employee ineligible for gratuity, as was decided in the attached case.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear Mr. Sharma,
You are eligible for gratuity. The gap of seven days in each term has no effect on your entitlement. You complete one year's continuous service if you work for 240 days in that year. If your employer refuses, then you can approach the competent authority.
Regards,
Prof. P K Misra
From Korea, Samsung
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You are eligible for gratuity. The gap of seven days in each term has no effect on your entitlement. You complete one year's continuous service if you work for 240 days in that year. If your employer refuses, then you can approach the competent authority.
Regards,
Prof. P K Misra
From Korea, Samsung
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The judgement quoted by learned member Madhu is clear. The querist is entitled for gratuity.
From India, Pune
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From India, Pune
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Dear Praveen,
The judgment copy provided by Madhu TK fully supports your case. You may take up the case in an appropriate manner with the competent authority of your State if the employer refuses to pay your due gratuity.
From India, Delhi
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The judgment copy provided by Madhu TK fully supports your case. You may take up the case in an appropriate manner with the competent authority of your State if the employer refuses to pay your due gratuity.
From India, Delhi
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When seven days are considered a break in service, if you have unofficially worked during that time, it will not be calculated for the purpose of Gratuity. Without any actual working recorded and without receiving wage payment, it shall not be construed as continuity in service, regardless of Gratuity.
From India, Vijayawada
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From India, Vijayawada
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Dear Kattavrk,
I differ with your opinion. You may please like to see for proper interpretation of the definition of continuous service, as provided in Sec. 2A of the Act. The definition clearly speaks, "continuous service for a period if he has, for that period, been in uninterrupted service, INCLUDING service which may be INTERRUPTED on account of absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing order, rules, or regulations governing the employees of the establishment), or CESSATION OF WORK NOT DUE TO ANY FAULT OF THE EMPLOYEE. So, in this case, irrespective of whether he can prove or not to have worked unofficially without a formal order, the break was not due to any fault of the employee.
From India, Delhi
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I differ with your opinion. You may please like to see for proper interpretation of the definition of continuous service, as provided in Sec. 2A of the Act. The definition clearly speaks, "continuous service for a period if he has, for that period, been in uninterrupted service, INCLUDING service which may be INTERRUPTED on account of absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing order, rules, or regulations governing the employees of the establishment), or CESSATION OF WORK NOT DUE TO ANY FAULT OF THE EMPLOYEE. So, in this case, irrespective of whether he can prove or not to have worked unofficially without a formal order, the break was not due to any fault of the employee.
From India, Delhi
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf