PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
Advocate Prem Chanda Yadav
Executive - Payroll
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Advocate Prem Chanda YadavThis is provision
Payment of Gratuity Act, 1972 Section: 2A
(ii) two hundred and forty days, in any other case;
(ii) he has been on leave with full wages, earned in the previous year;
From India, Mumbai
Madhu.T.KAs per Payment of Gratuity Act an employee who has completed 5 years of continuous service is entitled to get gratuity. At the same time, an employee who has put in at least 240 working days in any period of 12 months only is considered as having 'continuous service'. This concept of 240 days has been interpreted as one year service and accordingly an employee who has put in four years and 240 days in the fourth year has been adjudged to have 5 years' service by High Courts of Madras and kerala in separate judgements. You may refer Sreeja Vs Regional Joint Labour Commissioner [2015 LLR 826] and Mettur Bearsell Ltd Vs Regional Labour Commissioner (Central), Madras. Please find the attachments.
From India, Kannur
malikjsAs suggested by Madhu ,yes you should get the gratuity but employer gives gratuity before completing 5 years of service as minimum criteria to become eligible
From India, Delhi
KeerthipranavGenerally in such cases employer should have a policy for gratuity payment
From India, Gurgaon
svjayakumarAccording to the Gratuity Act 1972, an employee is eligible to receive a gratuity amount after completing five years of continuous service at one organization. The gratuity amount is paid to the employees once they retire, resign, or are laid off.
From India, Chennai