Insolvency N Gst Professional
Korgaonkar K A

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Any one clarify the below query: Worked period:01.12.2011 to 28.02.2018
Worked days details as follows,
1st Year worked days (Dec'11 to Nov'12)=281.5 days
2nd Year worked days (Dec'12 to Nov'13)=281.5 days
3rd Year worked days (Dec'13 to Nov'14)=238.5 days
4th Year worked days (Dec'14 to Nov'15)=272.5 Days
5th Year worked days (Dec'15 to Nov'16)=274.5 days
6th Year worked Days (Dec'16 to Nov'17)=266.5 Days
In 3rd year he has worked below 240 days for calendaring year .so, he's eligible for gratuity? and its mandatory for gratuity act of 240 days per year?

R.Gobi are you included his NH/Fh 9 days in those 238.5 days or not. I hope you dont included his NH/FH. Please let it me know
Dear sir, Not included for NH/FH R.Gopi
Person is entitled for gratuity as long there was no break in service during the last five years.
sir, i am waiting for your reply.
Thanks for your valuable reply sir.
01.its mandatory of 240 days for every calendaring year as per gratuity act? 02.if any calendaring year defined by gratuity act? for example: January to December, etc or its based on employees DOJ.
Dear Nathrao, but he has breaked one month in 3rd year.
Sec 2A of Payment of Gratutity Act defines Continuos service as follows
Continuous service.—For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
So kindly review his employment records and see whether Dec13 to Dec14 is covered undr this.
Extract from Bare Act
where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than—
(i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establish-ment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
You can decide taking all these facts into consideration.
I still say he is entitled for Gratuity unless in 13-14 there was a documented break in service for which he was punished as break in service.

Dear Nathrao ji,
You said that a person is entitled for gratuity as long there was no break in service during the last five years. Your post has one validation also.
I would like to ask you with due respect to you Sir, where it is stated in the PoG Act? Your reply will give more clarity in the subject.
I read your subsequent post too.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™