Is gratuity pay is mandatory for an employee terminated from duty for his/her Unauthorized absenteeism

2
He is eligible to claim gratuity as he has not committed any action against under section 4(6)(b) of The Payment of Gratuity act.
Regards,
KM
sumitk.saxena
Depend upon the length of service if completion of 5 years then payment is must.
sumit
U_KL
Gratuity is applicable after completion of 5 years (4 years 240 days which ever is minimum) in a service or in demise case.
pradeepullanat
Gratuity is applicable after the completion of 5 Years. 5 years means the 5th Year consider 240 days of working/paid days.
However, you can refer the various case laws for the support.
mukesh saini
Dear Mr. Mohan,
In case of unauthorized absenteeism, can not forfeit the Gratuity of the employee.
shipra agarwal
Gratuity is payable for the service an employee has put in.
But in cases where employee is dismissed, gratuity shall be forfeited.
sumitk.saxena
If 5 years service period is completed then he is eligible for the payment of gratuity.
sumit
Priya1654377
Is it mandatory to pay gratuity?
Madhu.T.K
What a beautiful question!! After reading all these comments, still you doubt if gratuity need not be paid?
Nagarkar Vinayak L
Dear Priya,
Because of his unauthorised absence , if he falls short of completing 5 years' of continuous service which means during each year of his stint, he should have put in 240 days' of uninterrupted continuous service as defined in the Act , then in principle , he is not eligible for gratuity.
However you need to share his attendance particulars during the entire period of 5 years' service or more if any , to advice you accurately.
Regards,
Vinayak Nagarkar
HR- Consultant.
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