Facing Gratuity Deduction for LOP Days: How Should I Address This with HR?

I was working in a private channel which operates in accordance with the Shops and Establishments Act. Due to certain family matters, I had to take LOP (Loss of Pay) from the third week of May to the first week of September. This was approved orally by the top management. I submitted my resignation in the first week of September. Up until that point, I was responsible for the entire administration of the bureau, including the handling of bureau funds.

Now, as the time for settlement approaches, HR has informed me that they will deduct the gratuity amount for the LOP days, as they will be considered a service break. I kindly request your guidance on this matter.

There is no provision in the Payment of Gratuity Act to make the deduction for any absence which has been regularised. Regularised absence is part of continuous service as per Section 2A of the Act. This deduction is illegal, and you should protest against such a decision. If they persist, then a formal protest letter could be issued. This decision will not stand the test of law, and if all persuasions fail, you may approach the Local Labour Office and lodge your complaint.