Industrial Relations And Labour Laws
Legal Analyst, Hrm
Labour Laws & Ir
Asst. Manager Compliance
Advisory & Execution Of Labour Law Compliance
Head - Ir/hr
Recently I Superannuated From Leading Automobile
Senior Manager-hr, Er & Admin
Assistant Human Resource Manager
Manager- Hr & Ir
G K Sharma
Hr/labour Law Consultant
( G K Sharma )
The provisions relating to six days week and 190 days of work was provided after the ruling by the apex court in Lalappa Lingappa Vs Laxmi Vishnu Texiles Mills, Sholapur, to safeguard the interests of those employees who would be denied gratuity for want of minimum days (240) in between the years. Here also completion of 5 years is mandatory. Once eligible for gratuity, if in any year one has not worked for 240 days, that year can be counted as continuous provided he was working for at least six days in a week and had worked at least for 190 days in the preceeding year.
In your case, if you will be releived off after more than 3 months then you could have the right for Gratuity. which can be payable for 5 years of service.
Atul S. Malve
Gratuity is applicable after completion of 5 year but in last year i.e. five year must complete 240 days then employee is elegible for the gratuity. after that below six month not count any day and completed six month then count full year suppose any employee worked 5 year 6.2 month then count 6 year and worked 5 year 5.9 month then only count 5 year.