Industrial Relations And Labour Laws
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Dear Seniors,
What will be the significance of 240 days while calucating the Gratuity amount.
If one employee has worked for 10 years in one organisation and during these 10 years of service, in the one particular year he has worked less than 240 days. What will be the effect of this year while calculating the Gratuity?
Will there any effect on the calculation or not?
Please guide.
Vipul Bhatt

From India, Jamnagar
If for any reason an employee who is otherwise eligible for gratuity has not worked for 240 days during any year but for which he was not given any charge sheet nor any disciplinary action was taken for his absence, the year shall be counted as continuous and gratuity paid for that year also. On the other hand, if the leave without pay was not regularised and is remaining as absent, then that particular year will not be counted for gratuity calculation.

From India, Kannur
Please provide the full details of the circumstances under which the worker has worked / not worked and the reason why you are asking the question. If you dint give the full details, you will get I complete answers or those not correct in your specific case

From India, Mumbai
As the Act if an employee has not worked for 240 days as per section 2 A of POG Act he is not in continuous service in that year and not eligible for gratuity for that year.
From India, Thiruvananthapuram
I will adivse you to recalculate the 240 days in that year. The aspects that need to be considered for calculation of continuous service as per act, it will never be less than 240 days. Even if it is coming less than 240 days, you can reduce gratuity for that year.
From India, Koraput
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