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Dear Fraternity Members ,
One of our employees have been on consistent leaves on medical reasons and now has decided to resign . He has completed 7.6 years of his service and eligible for gratuity . Is there any clause pertaining to gratuity wherein a person has to put in particular number of days of work in the last working year for calculation of Gratuity . Pls. guide
R. Shah

From India, Mumbai
First thing he is entitled for gratuity.
Pl read sec 4 of the act also.
A reading of sec 2A will make it clear that his medical leave will not reduce his entitlement of Gratuity.
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;

From India, Pune
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