Sorry All
Indradeb applicable for Gratuity. first i tell u one think how many days we will consider as an one year 240 days right, so in this case his complete 4 years 280 days that means he is eligible for gratuity.
Example : my previous company history I worked 4 years 11 month that means i am not eligible for gratuity ? no i am eligible for gratuity and i got the gratuity amount last year.
and i have one judgement copy
From India, Kolkata
47Indradeb applicable for Gratuity. first i tell u one think how many days we will consider as an one year 240 days right, so in this case his complete 4 years 280 days that means he is eligible for gratuity.
Example : my previous company history I worked 4 years 11 month that means i am not eligible for gratuity ? no i am eligible for gratuity and i got the gratuity amount last year.
and i have one judgement copy
From India, Kolkata
Dear All
This has become a classic question amongst all fraternity of people.
Q. What is the eligibility for Gratuity?
A) Continuous service of not less than five years
Q. What is continuous service:
A. As per section 2A of gratuity act continuous service means the following:
Continuous service means period of uninterrupted service which includes:
1) Employee's all days of physical presence (i.e when he has attended work/duty)
2) Absence due to sickness
3) Absence due to accident
4) Absence from duties even after exhaustion of all leave (i.e leave without pay with
the approval from management; such absence should not be unauthorised i.e on
undisciplinary grounds like absence without any intimation, abandonment of duties
etc)
5) absence due to lay-offs (i.e when company lays off employees for their own
reasons)
6) absence due to authorised strikes or lock outs
7) absence due to cesation of work not due to any fault of employee
Q. How many days makes one 01 year of continuous service?
A. Continuous service for a period of one year (12 months) means:
a) 190 days for employee's stationed below the ground like mines or
b) 190 days for establishment which work less than 06 days in a week
c) 240 days for all other cases (i.e for all establishments working 06 days a week &
above the ground)
B. Continuous service for a period of six months means:
a) 95 days for employee's stationed below the ground like mines or
b) 95 days for establishment which work less than 06 days in a week
c) 120 days for all other cases (i.e for all establishments working 06 days a week &
above the ground)
C. Continuous service for employees in seasonal employment means 75% of days worked
on which the establishment was in operation/working (be it for calculating 01 year of
continuous service or 06 months of continuous service, it will be seen whether
employee has worked 75% of total working days of the establishment)
Therefore please check the following:
1. Whether you work below or above the ground
2. Your establishment is 06 days a week or less than 06 days
Then as per your total years of service, calculate for each completed 12 months the eligibility for continuous service. It should be five years of continuous service & NOW dont get confused about the meaning of continuous service:)
From India, Mumbai
This has become a classic question amongst all fraternity of people.
Q. What is the eligibility for Gratuity?
A) Continuous service of not less than five years
Q. What is continuous service:
A. As per section 2A of gratuity act continuous service means the following:
Continuous service means period of uninterrupted service which includes:
1) Employee's all days of physical presence (i.e when he has attended work/duty)
2) Absence due to sickness
3) Absence due to accident
4) Absence from duties even after exhaustion of all leave (i.e leave without pay with
the approval from management; such absence should not be unauthorised i.e on
undisciplinary grounds like absence without any intimation, abandonment of duties
etc)
5) absence due to lay-offs (i.e when company lays off employees for their own
reasons)
6) absence due to authorised strikes or lock outs
7) absence due to cesation of work not due to any fault of employee
Q. How many days makes one 01 year of continuous service?
A. Continuous service for a period of one year (12 months) means:
a) 190 days for employee's stationed below the ground like mines or
b) 190 days for establishment which work less than 06 days in a week
c) 240 days for all other cases (i.e for all establishments working 06 days a week &
above the ground)
B. Continuous service for a period of six months means:
a) 95 days for employee's stationed below the ground like mines or
b) 95 days for establishment which work less than 06 days in a week
c) 120 days for all other cases (i.e for all establishments working 06 days a week &
above the ground)
C. Continuous service for employees in seasonal employment means 75% of days worked
on which the establishment was in operation/working (be it for calculating 01 year of
continuous service or 06 months of continuous service, it will be seen whether
employee has worked 75% of total working days of the establishment)
Therefore please check the following:
1. Whether you work below or above the ground
2. Your establishment is 06 days a week or less than 06 days
Then as per your total years of service, calculate for each completed 12 months the eligibility for continuous service. It should be five years of continuous service & NOW dont get confused about the meaning of continuous service:)
From India, Mumbai
Dear All, Five years,"contineous Service", refer the definition of "Contineous Service", you all will found answer whether he will eligible or not ?
From India, Mumbai
From India, Mumbai
Sec 2A ( continuous service ) under payment of Gratuity
For the purposes of this Act,-
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [* * *] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act ;
(2) where an employee (not being, an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and
(ii) two hundred and forty days, in any other case ;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and
(ii) one hundred and twenty days, in any other case ;
Explanation.- For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-
(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 ( 14 of 1947), or under any other law applicable to the establishment ;
(ii) he has been on leave with full wages, earned in the previous year ;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment ; and
(iv) in the case of a female, she has been on maternity leave ; so, however, that the total period of such maternity leave does not exceed twelve weeks.
(3) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
From India, Kolkata
For the purposes of this Act,-
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [* * *] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act ;
(2) where an employee (not being, an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer-
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and
(ii) two hundred and forty days, in any other case ;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week ; and
(ii) one hundred and twenty days, in any other case ;
Explanation.- For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which-
(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes Act, 1947 ( 14 of 1947), or under any other law applicable to the establishment ;
(ii) he has been on leave with full wages, earned in the previous year ;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment ; and
(iv) in the case of a female, she has been on maternity leave ; so, however, that the total period of such maternity leave does not exceed twelve weeks.
(3) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.
From India, Kolkata
hi to all my frends here As i understood Gratuity is due after competing continous five year of job May I know about gratuity rules for construction industry all over India. Am I right
From India, Noida
From India, Noida
iam working 15 years for pvt ltd company i want service graduaity detail no p.f only salary 9600 please send me
Eligibility for Gratuity
1)Continous service / uninterrupted service for 5 yrs.
2) 240 working should be present in a year.
3) In case of continuous service for a period 5 yrs but not completed 240 days in any year , employee is eligible for payment of Gratuity for 4 yrs not for 5 yrs.
Hope this brief will sort out the all gratuity related discussed issues.
From India, Pune
1)Continous service / uninterrupted service for 5 yrs.
2) 240 working should be present in a year.
3) In case of continuous service for a period 5 yrs but not completed 240 days in any year , employee is eligible for payment of Gratuity for 4 yrs not for 5 yrs.
Hope this brief will sort out the all gratuity related discussed issues.
From India, Pune
Dear Sandeep Singh, Doubtlessly, you are eligible for gratuity, as your service is more than the minimum prescribed qualifying service of 4 years and 240 days.
From India, Delhi
From India, Delhi
I Joined my organization on 4 October 2011.So Can anyone please let me know that Am i eligible for Gratuity now or not??Please revert.
From India, Gurgaon
From India, Gurgaon
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf