Hello, Team CiteHR, Good evening,
One of our employees resigned (24 hrs. resignation) by email on 5th June, 2024, but actually, his last day was 24th May, 2024.
He worked from 16/08/2019 to 24/05/2024 in our hospital. My question is whether he is eligible for gratuity or not as per the Gratuity Act. Please
guide me.
Thanks.
Sunita
Sr. Executive - HR.
From India, Delhi
One of our employees resigned (24 hrs. resignation) by email on 5th June, 2024, but actually, his last day was 24th May, 2024.
He worked from 16/08/2019 to 24/05/2024 in our hospital. My question is whether he is eligible for gratuity or not as per the Gratuity Act. Please
guide me.
Thanks.
Sunita
Sr. Executive - HR.
From India, Delhi
There is a shortage of two months and a few days for gratuity eligibility. But there are a few High Court judgements which have interpreted section 2A of the Payment of Gratuity Act to mean that even the fifth year would be considered as one year provided that the employee has worked for 240 days (190 days in the case of employees working below the ground of a mine and working for less than six days in a week). That is in order to get gratuity, an employee should have worked for four years and 240 days in the fifth year. If that principle is adopted then the employee will get gratuity. However, there are other views about section 2A that it only mean to say that service will be considered as continuous only if the employee has worked for 240 days (190 days in the case of workers employed below the ground and those working for less than six days in a week) in each year. It does not mean that completion of five years is not necessary to qualify for gratuity.
From India, Kannur
4277From India, Kannur
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