Industrial Relations And Labour Laws
Taxation And Hr
Rajesh Kumar Dubey
Manager - Hr
+2 Others

Greetings to all Seniors,
I have one query about Payment of Gratuity Act 1972, Please clarify this as soon as possible.
Are Sundays and Holidays & Weekly Off days counted for calculating 240 working days as completed year under Payment of Gratuity Act 1972?
In other ways, Whether "Sundays and weekly Off & Holiday" will be counted for calculating 240 working days to find out completed year under Payment of Gratuity Act 1972 or not to be counted?
Please suggest me. I'm looking your valuable guidance.
Thanks & Regards :
Devendra Mohan Gaur
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Dear Devendra,
This is with reference to your query...
For the purpose of computing 190 days or 240 days as the case may be, the following days have to be included.
1. Sundays and Holidays for which the workmen is paid.
2. Period of Lay-off
3. Period of earn leave with the full wages.
4. Maternity Leave Period
5. Absence of temporary disablement due to Accident.
Ref: Industrial Disputes Act, 1947
Dear Mr. Ubaid,
Pl. brief in detail against point No. 1.
In Monthly salary structure Sundays or Weekly holidays are considered as Paid weekly off.
Wherein in Per day structure payments are made for working days. In other way, those employees are not getting paid weekly off.
In such case what is the way of consideration.
Thanks in advance
If these weekly off days and holidays are paid days then these days are counted for deciding the eligibility for and calculation of Gratuity. Ref: Payment of Gratuity Act. Madhu.T.K
Sundays and Holidays & Weekly Off days are counted for calculating 240 working days as completed year under Payment of Gratuity Act.
As far I think Sundays or Weekly offs are not included for the calculation of 240 days. If these are included then why two definition have been given in Section 2a subsection 2 clause (a)(i) and (a)(ii) which reads as follows:
"(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establish­ment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case"
In (i) there is no need to add this:
"or in an establishment which works for less than six days in a week."
It should have been omitted...
Dinesh Kumar
In Gratuity Act 1972 it not mentioned the calculation of Gratuity on working days. Hence, paid holidays are considered while calculating days
Dear Dineshkumar 190 days are calculated for any establishment who has 5 day working in a week instead of 6 day working in a week.
Mr Dinesh & Saji,
From which sources you have defined 190 days as continuous services ; relevant to 05 days working in a week, Kindly confirm and mention the provisions also.
I am not getting it under ID Act or factory act
Pls Confirm.
Dear Mr. Dubey Kindly refer the Gratuity Act, instead of ID Act and Factory Act.

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