Can absconded employee be eligible for gratuity or leave encashment?

three month notice period as per appointment letter required to serve.......

three month notice period as per appointment letter required to serve.......
he has take salary and immediately left the job without intimation

Sir I am future group employee I have completed work 9 year 6 month but I without inform leave job I applicable or not my gratuity

our one employee serve to company more the 6 years and he is absconding last two years,

please suggest how to calculate gratuity 6years or 8 years.

Ghanshyam,

Obviously for 6 years. Have you paid him salary for absconding days?
Call him in your office and ask him to pay the amount of Notice salary and then release his gratuity payment.

Regards,

Suresh

Dear Sir's

If any employee continuous absent from work for 2 years due to criminal cases . After 2 years he shall resume his duty . Is he eligible for these years gratuity.
Please provide the opinion on this.
Regards

Hi,

The important question here is whether the absence from duty for 2 years is approved one or absence without information?

As per Section 2A of the Act, it is clear that in the event the employee is absent from the duty due to sickness, accident, leave or absence from duty without leave, he/she would be entitled to the benefit of gratuity unless the employer has passed an order treating such absence without leave as a break in service in accordance with the Standing Orders of Employment applicable to the employee.

If the employee had absconded without information and if disciplinary action is initiated then said cannot be considered as continuous service.

An employee, who remained absent from work for 2 years and the management is allowing to resume service, is wonder of wonders. Salute to HR & HR practices.
He will not be eligible for gratuity because the employee is not fulfilling the criteria of five years continuous service.

its not a wonder, There are many reasons/situations are involved for long absenteeism. Only knowledgeable HR and managements can take this type of decisions . By the way he has absent after completion of 15+ years services.

Thanks for valuable inputs!

Hi,

For 15 years service he is definitely eligible for Gratuity. As you claim he involved in criminal cases better remove the period of absence and consider rest of the period for Gratuity.