Is gratuity pay is mandatory for an employee terminated from duty for his/her Unauthorized absenteeism - CiteHR
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He is eligible to claim gratuity as he has not committed any action against under section 4(6)(b) of The Payment of Gratuity act.
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Depend upon the length of service if completion of 5 years then payment is must.
It's applicable subject to completion of complete 5 years
Gratuity is applicable after completion of 5 years (4 years 240 days which ever is minimum) in a service or in demise case.
Gratuity is applicable after the completion of 5 Years. 5 years means the 5th Year consider 240 days of working/paid days.
However, you can refer the various case laws for the support.
Dear Mr. Mohan,
In case of unauthorized absenteeism, can not forfeit the Gratuity of the employee.
Gratuity is payable for the service an employee has put in.
But in cases where employee is dismissed, gratuity shall be forfeited.
If 5 years service period is completed then he is eligible for the payment of gratuity.
Is it mandatory to pay gratuity?
What a beautiful question!! After reading all these comments, still you doubt if gratuity need not be paid?

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