In my present company, leave is not allowed during the first 6 months. In case of leave, salary will be deducted, and a lesser amount of PF will be deducted. If somebody is absent from duty during this period due to a family emergency (oral approval of leave, no written sanction) and subsequently there is a deduction of salary and lesser deduction for PF during the 5th and 6th month, will he become eligible for gratuity on completing 5 years of service, or becomes eligible only after 5 years 6 months? Does salary deduction or lesser PF deduction mean discontinuity of service? (worked at least 240 days in every year; no disciplinary action after leave without pay).
Regards
From India, Medinipur
Acknowledge(0)
Amend(0)
Regards
From India, Medinipur
Acknowledge(0)Amend(0)
Gratuity Eligibility and Service Continuity
Salary deduction or a probationary period is in no way linked with the payment of gratuity rules. If an employee has worked more than 5 years of service from the date of the appointment letter, they will be eligible to avail of gratuity once they resign or retire from that company. Only the punishment period or service break cannot be considered.
From India, Chennai
Acknowledge(0)Amend(0)
151Salary deduction or a probationary period is in no way linked with the payment of gratuity rules. If an employee has worked more than 5 years of service from the date of the appointment letter, they will be eligible to avail of gratuity once they resign or retire from that company. Only the punishment period or service break cannot be considered.
From India, Chennai
Acknowledge(0)Amend(0)
The period of no salary is not discontinuous service unless it is ordered so as per Sec 2 A of gratuity Act .
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Dear Mr. Paul,
The answer to your first question is that every organization has a probation period for new employees. During that period, the employee is entitled to casual leaves. Thus, you can apply for it, and you will be paid for it. Secondly, leaves are only accepted and approved through a written application, not through oral acceptance and approvals. Therefore, for oral approval, you cannot ask the organization.
Now, coming to your question about gratuity, it is calculated for a continuous service period of 5 years. The approved and entitled leaves will be calculated in the service period.
Regards
From Pakistan, Karachi
Acknowledge(0)Amend(0)
The answer to your first question is that every organization has a probation period for new employees. During that period, the employee is entitled to casual leaves. Thus, you can apply for it, and you will be paid for it. Secondly, leaves are only accepted and approved through a written application, not through oral acceptance and approvals. Therefore, for oral approval, you cannot ask the organization.
Now, coming to your question about gratuity, it is calculated for a continuous service period of 5 years. The approved and entitled leaves will be calculated in the service period.
Regards
From Pakistan, Karachi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Gratuity-Leave calculation on CTC-Rev..xls