Gratuity and Lockdown: Can We Count a Year with Less Than 240 Working Days?

Hi everyone, I have one query. A person has completed 7 years in the unit, but as per the gratuity rule, a year is considered only when an employee completes at least 240 days in that year. However, during the lockdown, an employee has not fulfilled this criterion.

Gratuity Rule and Lockdown Impact

So, can we consider a year even if the working days are less than 240 days, or do we have to deduct that from the total period?

Thanks

Handling Employee Absence During COVID-19 Lockdown

Compulsory lockdown imposed in the wake of the outbreak of COVID-19 was due to the operation of law. Therefore, the absence of employees due to lockdown has to be treated as a lay-off with or without compensation, only taking into consideration the unprecedented misfortune both the employers and employees were compelled to undergo. As such, those days of absence have to be treated as duty and counted for the computation of 240 days of service for the purpose of continuous service required for gratuity.