Madhu.T.K
Industrial Relations And Labour Laws

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Dear Folks,
What is the procedure that if an employee not completed the 240 days ( Continues service) in a calendar years , he /she is not eligible for the gratuity for the particular year.
Is there any procedure to inform the employee or controlling authorities about the less than 240 days .

From India, Ottappalam
240 days is the minimum pay days (days of working including days of weekly off, paid holidays and paid leaves) and if anybody who does not work for 240 days due to absence without pay, that absence should be notified to him as breaks in service. Otherwise, it may be taken for granted that his service has been regularised and in such scenario you will fail to qualify this period as interrupted service. Therefore, to be of safer side, it is good if you take action against such employees who take unathorised leaves.
From India, Kannur
Dear Madhu Sir, You mentioned " break in service" to be communicated is there any forms in the kerala gratuity rule ? . Or a written communication is enough ? .
From India, Ottappalam
No, there is no format for that. Since only a loss of pay against which action has been taken will account for interrupted service and a LOP which stands regularised by means of any official communication will make it uninterrupted, whenever you find that an employee is having the habit of taking LOPs, you should give him a letter saying that the period of absence will be considered as break in service. This can be done by an office order only.
From India, Kannur
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