Hi All, I need your advice on how the Completed Years of Service are calculated for Gratuity Calculation.
I have a case where an employee joined the company on 18 Jan 2008 and his last working date was 15 July 2021 (so his effective service period is 13 YEARS 5 MONTHS 28 DAYS). As per the usual calculation, the total completed years of service is showing 13 Years (as the remaining period is less than six months). However, the employee is contesting that as per the gratuity act, it should be considered 14 YEARS as he has met the criteria of working more than 120 days in the last '5 Month 28 Days' period.
Can someone please confirm if it should be 14 Years? Is there any court ruling or any clarity on these type of cases?
Thanks!
I have a case where an employee joined the company on 18 Jan 2008 and his last working date was 15 July 2021 (so his effective service period is 13 YEARS 5 MONTHS 28 DAYS). As per the usual calculation, the total completed years of service is showing 13 Years (as the remaining period is less than six months). However, the employee is contesting that as per the gratuity act, it should be considered 14 YEARS as he has met the criteria of working more than 120 days in the last '5 Month 28 Days' period.
Can someone please confirm if it should be 14 Years? Is there any court ruling or any clarity on these type of cases?
Thanks!