Eligibility For Gratuity

skpaul123
In my present company leave is not allowed during first 6 months .
In case of leave , salary will be deducted and lesser amount of PF will be deducted .
If somebody is absent from duty during this period due to family emergency
( oral approval of leave, no written sanction ) and subsequently there is deduction of
Salary and lesser deduction for PF during 5 th and 6 th month , will he become eligible
for gratuity On completing 5 year of service or becomes eligible only after 5 yr 6 months ?
Does salary deduction or lesser PF deduction mean discontinuity of service ?
( worked at least 240 days in every year ; no disciplinary action after leave without pay )
Regards
stephen_7
Salary deduction or probationary period is no way linked with the payment of gratuity rules. If he worked more than 5 years of service from the date of appointment letter, he will be eligible to avail gratuity once he resigns/retires from that company.
Only punishment period / service break cannot be considered.
varghesemathew
The period of no salary is not discontinuous service unless it is ordered so as per Sec 2 A of gratuity Act .
anilshr
Dear Mr. Paul,
The answer to your first question is that every organisation have a probation period for the new employees and during that period also the employee is entitled for casual leaves, thus you can apply for it, and you will be paid for it, secondly leaves are only accepted and approved through written application and not the oral acceptance and approvals, thus for oral approval you can not ask the organisation.
Now comming to your question of gratuity , it is calculated for the continous service period of 5 years, The approved and entitled leaves will be calculated in the service period.
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