santoshgupta@lntecc.com
If worker has not completed 240 days (suppose he has worked 230 days only in 12 months), then can I include Sundays or Off days as well as Festival or National Holidays with 230 days? If i can include, then under which section / sub-section.
Please suggest.

From India, undefined
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5943

Dear Santosh,
Please go through section 25-B of the ID Act,1947 for the definition of the term "continuous service" and the method of calculation of 240 days. Certainly not only the days the workman actually worked but also all the off days and authorised holidays are to be included in the computation of 240 days.

From India, Salem
pratapN
If workman has completed 5 years service and company retrench/ terminate him from the service, then the company is obliged to give the gratuity amount or company have to give the gratuity + retrenchment benefit both.
Please Suggest.

From India, undefined
umakanthan53
5943

Dear Pratap,
In case of termination of such a workman by way of retrenchment or any other mode including dismissal which is not on the ground of any misconduct involving moral turpitude or riotous behaviour for which a notice u/s 4(6) of the PG Act,1972 has not been issued, certainly both retrenchment compensation and gratuity have to be paid.

From India, Salem
pratapN
If anyone have retrenchment compensation amount acceptance form for employee please share.
From India, undefined

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