Labour Law & Hr Consultant
Asst.manager -hr

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Need help in calculating gratuity eligibility and amount!!!
I joined a company on 09 JUNE 2014 and my last working day in that company was 16 FEB 2019. As we all know for gratuity we only need to complete 4 years and 240 days. I have completed 4 years 8 month and 08 days in that company. I need help on below points;
1) How to count 240 working days? Will it include Saturday and Sunday?In that office, all Saturdays, and all Sundays were off.
2) (Basic*15*completed years)/26. In the formula, I will put 4.8 or 5?In my case, I have completed 4 years 8 month and 08 days.
Request you all to support your answers by referring some act or document :) so that I can show them to the company.

From India, Mumbai
Dear Freind, If your basic is 8000 then your calculation will - 8000*15*5/26. Payable amount is 23077.00
From India, Mumbai
Dear Arpit,
It is not Sunday in particular but the usual weekly holidays or weekly off are excluded to arrive at the 26 days in the formula of calculation of gratuity. You can go through section 2-A(2)(a)(i) which specifically mentions that the no of days counted for continuous service in a year is 190 days in respect of an establishment working for less than 6 days in a week and get the above proposition confirmed.
Therefore, in your case it is enough that you worked in the fifth year of your service in the establishment for 190 days in order to be eligible to claim gratuity.

From India, Salem
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