PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
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shobhit-kumar-mittalGratuity is payable at the cessation of the employment. If the termination/resignation is effective after 6 years and 6 months, then he would be entitled to gratuity for 7 years, otherwise not.
Industrial & Labour Lawyer
From India, Faridabad
KK!HRGo by the saying 'You cannot have the cake and eat it too'. The employee has worked for only 6 years and 5.5 months which clearly entitles him to only 6 years continuous service. There is no provision in the Payment of Gratuity Act 1972 for deeming leave payment period to be reckonable service for calculation of Gratuity, in deed the provision in Section 2A of the Act defining Continuous Service is 'actually worked', so there is no scope for any deeming provision.
From India, Mumbai
Madhu.T.KThe leave encashment cannot qualify service period. If he has 45 days PL pending he can encash it and get relieved. Otherwise he can avail that 45 days leave and join back once the leave is over and then get relieved. But whether to grant leave to an employee (that also to an employee who has resigned) is purely management prerogative. You can refuse leave but can allow encashment. If so, he will be eligible for 6 years' gratuity only.
From India, Kannur