Hi,
Please refer the following
Five years continuous service: An employee in order to be eligible to claim gratuity, should have worked with a particular employer for at least five years
Section 2A of the Gratuity Act, states that ‘continuous period’ shall also include the following:
If in case employee is not in continuous service of one year, he/she shall be deemed to be in continuous service of one year if- he/she has, in immediately preceding twelve calendar months, worked under the employer for not less than:
190 Days (in case of employee employed in mines below ground)
190 Days (in case if employee employed in an establishment which works for less than six days in a week)
240 Days ( in any other case)
If in case employee is not in continuous service of six months, he/she shall be deemed to be in continuous service of six months if- he/she has, immediately preceding six calendar months, worked under the employer for not less than:
95 Days (in case of employee employed in mines below ground)
95 Days (in case if employee employed in an establishment which works for less than six days in a week)
120 Days ( in any other case)
If an employee of seasonal establishment is not in continuous service of twelve or six months, he/she shall be deemed to be in continuous service of twelve or six months; if he/she actually worked for not less than seventy five percent of the number of days on which the establishment was in operation during such period.
By continuous service for the purpose of gratuity it is meant uninterrupted service which may be interrupted due to accident, sickness, absence for duty without any leave, leave, lay-off, lock-out, strike or cessation of work (due to not any fault of the employee) are considered as continuous service.
Following days shall also be included while calculating the actual days of an employee has worked for:
If an employee has been laid-off under an agreement
If an employee has been on leave with full wages
If an employee has been absent on his duty due to temporary disablement caused by an accident arising out of and in the course of his employment
Maternity leave for female employee, not more than twelve weeks