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Attaching herewith attendance details of an employee in a Pvt ltd Co. in Kerala. He has resigned from the company.
Please explain whether he is eligible for getting gratuity amount. If so, what will be amount to pay? Please explain the calculation details also.


Attached Files
File Type: pdf Attendance Details.pdf (341.5 KB, 95 views)

As per attached attendance details, the employee does not have 240 days working except in the year 2008 & 2013 during his service tenure. So he is not entitled.
However, the situation must be seen in totality considering the following:
Continuous service is defined under section 2-A, means a period of uninterrupted service including service which may be interrupted on account of;
i. sickness,
ii. accident,
iii.leave,
iv. layoff,
v.strike,
vi.Lockout,
vii.cessation of work not due to any fault of the employees
viii. Absence from duty without leave(not being absence in respect of which an order treating the actions as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment.
The case has to be examined minutely as complexity exists, to consider above points while doing the calculation for gratuity.
This is quite typical to sayHe may notNo, in absence

The employee is entitled for gratuity even for the years in which he has worked less than 240 days unless for the absences you have issued an order as per sec 2A, treating those absences as break in service.
Varghese Mathew
Tvm.9961266966

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