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One of the employee was retired as on 31.07.2020. His date of joining was 02.12.1989. There was a break in service period from 04.10.2018 to 03.07.2019 (A period of 273 days). So there are two periods of service, one was past break in ( 28 year, 10 months, 2 days) and another was post break in( 1 year and 28 days). How gratuity will be calculated in this case? whether he is eligible to get gratuity for post break in period? salary drawn on which date will be consider as last drawn salary?
From India, Kolkata
Dear Acma-Amitav-Maharana,
Date of joining of the employee is 02.12.1989.
It seems to me that the employees has worked for 240 days and more every year from his date of joining i.e. 02.12.1989 to 01.12.2018. Thus he is in continuous service for 29 years till 01.12.2018.
The year from 02.12.2018 to 01.12.2019, the employee worked for 6 months i.e. less than 240 days. He is not entitled to gratuity for this year.
From the year from 02.12.2019 till his retirement i.e. 31.07.2020 he worked for 8 months. Here again he worked for less than 240 days. Hence not entitled to gratuity for this year too.
So, total number of years for gratuity according to me are 29 years.

From India, Mumbai
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