Thread Started by #rgopi456

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?
4th August 2018 From India, Chennai
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
4th August 2018 From India, Madurai
Dear sir,
Not included for NH/FH
R.Gopi
4th August 2018 From India, Chennai
Person is entitled for gratuity as long there was no break in service during the last five years.
4th August 2018 From India, Pune
sir, i am waiting for your reply.
4th August 2018 From India, Chennai
Thanks for your valuable reply sir.
4th August 2018 From India, Chennai
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.
4th August 2018 From India, Chennai
Dear Nathrao,
but he has breaked one month in 3rd year.
4th August 2018 From India, Chennai
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.
4th August 2018 From India, Pune
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.
6th August 2018 From India, Mumbai
Sir
Part of the bare act which supports what I have said is reproduced in my reply.
Based on my understanding the advice has been given.
6th August 2018 From India, Pune
Refer to this link: https://www.citehr.com/attachments/1...t-240-days.pdf
6th August 2018 From India, Madras
Dear Babu Alexander ji,
The judgement given in the link has no relevance to the query raised by the starter of this thread or the query raised my me in post #10.
This forum has discussed on the said judgement and its validity beyond the HC jurisdiction, on many occasion.
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6th August 2018 From India, Mumbai
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