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Dear Friends,
Please help me to understand the eligibility of gratuity in below mentioned case. If employee's working days is as below Is he eligible for Gratuity ??
1st year 269 days
2nd year 263 days
3rd year 273 days
4th year 97 days
5th year 276 days
6th year 199 days
Is he eligible for gratuity as per act ?

From India, Mumbai

How did you calculate the days? You have to calculate the days in 12 months block. The number of days should include all paid leaves, weekly off days, and paid holidays. During the fourth year the employee had worked only for 97 days. If the absence was regularised, then the employee would get gratuity. The Act only says that continuous service and not continuous employment. Being employed is different from being in service. An employee may take leave without pay or he may not be employed for certain days, but he will be in service of the company. Very simple, if the leave of absence is with the permission of the employer, then the days on which the employee did not work will not be treated as interruption of service. But if the employee is absenting without approval of leave and for that the employer has taken any action against the employee with an endorsement to establish that the leave would be treated as interruption of service, then he will lose to get gratuity.

In the instant case even if the employee has worked for six years, he may no get gratuity if he cannot establish that his short of working days in 4th year and 6th year were with permission from the employer.

From India, Kannur

Please explain why he has worked only 97 days in year 4 Only after that we can give a proper answer
From India, Mumbai
Depending on your policy but they qualify for severance benefits
From Botswana, Gaborone

He / She is eligible for gratuity for the year 1,2,3 & 5. For the year 4 & 6 need the reason to assess
From India, Bangalore

But the minimum service required for gratuity is five years and not 4 years.
From India, Kannur

In 4th year - 97 days (present ??) requires to be explained. Presumed that represents 'approved leave availed'. But for this there appears 'continuous service' and no 'break-in-service' till 6th year. Further clarification of facts needed.
From India, Bangalore
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