With reference to one of the senior member's comments on citehr, I want to clarify whether this 240-day criteria for Gratuity and Retrenchment includes "Leave, Weekly Off, and Government Holidays" or only physical presence.
Thanks in advance!
Regards
From India, Pune
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47Thanks in advance!
Regards
From India, Pune
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Not only under the Payment of Gratuity Act but wherever references to 240 days are made under various Acts, such as the Industrial Disputes Act for retrenchment compensation or layoff compensation, leave with wages under the Factories Act, Mines Act, etc., the days of paid leaves, leave due to employment injuries, maternity leave (in the case of women), layoff days, legal strike days, holidays, etc., will be considered as days worked. Therefore, 240 days should include all paid holidays and leaves.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear Seniors Under Retrenchment Employee mean a workman could you plz. tell me what is the deffination of workman.who will count under workman. Regards Payush
From India, Shimla
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From India, Shimla
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A workman is one who is employed for wages and who is not in the managerial or supervisory capacity. Though a supervisor drawing a monthly salary of more than Rs 10,000 per month is out of the purview of the Industrial Disputes Act, the real test of whether an employee is out of coverage of the ID Act is based on the following:
1. Whether the employee has the right to approve leave for his subordinates?
2. Whether the employee is the authority to initiate disciplinary action against others?
3. Whether the employee is the authority to appraise his employees.
If the answer to any of these questions is Yes, he will not come under the definition of a workman under the Industrial Disputes Act. Retrenchment benefits are the same in all sectors. However, for workers working below the ground (in mines), the number of days which constitutes continuous service is 190 days and not 240 days. The formula for computing gratuity remains the same.
Regards,
Madhu.T.K
From India, Kannur
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1. Whether the employee has the right to approve leave for his subordinates?
2. Whether the employee is the authority to initiate disciplinary action against others?
3. Whether the employee is the authority to appraise his employees.
If the answer to any of these questions is Yes, he will not come under the definition of a workman under the Industrial Disputes Act. Retrenchment benefits are the same in all sectors. However, for workers working below the ground (in mines), the number of days which constitutes continuous service is 190 days and not 240 days. The formula for computing gratuity remains the same.
Regards,
Madhu.T.K
From India, Kannur
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Gratuity on Retrenchment in closure of unit-SC judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf