Gratuity Payment - Absconding Employee

vkey1904@gmail.com
Dear Friends,
I am stuck in one point where I could not get any reference to resolve the same.Need your help and suggestion.
If any employee works in a company for 4.3 years and after that he remain absconding for 2years and then he put his resignation. Is he applicable to Gratuity Payment?
Await for your valuable advise.
Vkey
nathrao
No.
Entitlement to gratuity does not arise if 5 years continuous service is not there.
satoris
U/s 4(1) of the Payment of Gratuity Act, 1971, the Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years only. The term “continues service” is defined u/s 2A of the said Act. Since this employee has worked only for 4.3 years he is not eligible for gratuity.
nathrao
One has to put in 5 years continuous service to become eligible for gratuity.
This employee has not worked for 5 years and is not eligible for gratuity.
z_sachinkhare
Dear Members,
I also have a query that if above mentioned employee would have been worked for 4 year 6 month then, can we round off this period up to 5yrs?
Regards,
SACHIN
vkey1904@gmail.com
Thanks for your valuable guidance. I would appreciate if I could get any case study or documentary proof to support the same to present in front of my management.
Vkey
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