Umakanthan53
Labour Law & Hr Consultant

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If an employee has 10 years and out of that, 6 years don't have complete year of service. After considering section 2A,2a,2b,2c of gratuity act under definition of continuous service. Is he eligible for remaining 4 years payment?
From India, Chepauk
If an employee has 10 years and out of 6 years don't have completed year of service after considering section 2A,2a,2b,2c of gratuity act under definition of continuous service. Is he eligible for remaining 4 years payment?
From India, Chepauk
As per sec.4(2) of the Payment of Gratuity Act,1972, gratuity under the Act is payable only in respect of every year of completed service or part thereof in excess of six months. Here "completed year of service" means the continuous service as defined u/s 2-A (1)of the Act and explained inits sub-sections (2) or (3) as the case be. It implies, therefore, the employee ought to have worked for not less than 240 days or 120 days in a period of preceding 12 months including the permissible interruptions. Particularly, it is important that the days of unauthorized absence,if any should have been formally treated as break in service in accordance with the service regulations; otherwise such absence has to be included in the 240 days calculation.
Therefore, it is imperative that the poster should ensure whether the six years fall outside the purview of the particular deeming provision of section 2-A of the Act so as to disentitle gratuity for such years.

From India, Salem
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