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satishsorout
2

Dear All, Good Afternoon!!
Can anyone help me for Gratuity Calculation for a long absent case.

DOJ = 15 Oct 2015.
DOL = 05 Aug 2023.
Last Working Day = 15 April 2019. The employee is continuously absent since 15 April 2019.

Please help me whether I have to pay gratuity or not. If yes please tell me how many years I have to pay and according which Section / Sub section of Gratuity Act.

From India, Delhi
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vmlakshminarayanan
919

Hi,

The period of absence from 16.4.2019 to 4.8.2023 is it approved by the Management and if so whether any letter is issued in writing ?

As per Section 2A of the Act, it is clear that in the event the employee is absent from the duty due to sickness, accident, leave or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.

From India, Madras
satishsorout
2

Hi Sir.

Management has neither passed an order of absence to employee nor employee has informed the reason of absenteeism. Without information employee has been absenting continuously . We are marking absent leave without information since 16.04.2019 to 23.08.2023.

Now please help me legally as per gratuity act I have to pay him or not to pay for said period 16.04.2019 to 23.08.2023.

From India, Delhi
vmlakshminarayanan
919

Hi

It is very strange to note that when employee was absent from work for more than 4 years no disciplinary action is initiated by the Management and employee was kept on rolls for such a longer period. Why such leniency was shown without any valid reasons from the employee for his period of absence ? Did you followed up with the employee about his absence from duty or about his proposed date of resuming back to work ?

I suggest you can terminate the services of the employee by the closing hours of 15 April 2019 and in that case employee will not be eligible for Gratuity. However if the employee was under PF and if LOP salary was processed on monthly basis then you will not be able terminate by the closing hours of 15.4.2019 . In that case you should consider 05 Aug 2023 as his last working date.

From India, Madras
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