Rajan Associates...
While agreeing on completion of 5 yrs but please clarify the definition of 1 completed year. If I refer to the
Section 2 A) on continuous service which reads as follows :
Section 2-A: Continuous service
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
(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 ;
what I decipher from the above is that one year would be considered as complete in case an employee has continuous service of 240 days if an orgn has 6 days week or 190 days in case less than 240 days.
Can you throw some light on this please...
thanks
Anjali