Gratuity Eligibility Query
Worked period: 01.12.2011 to 28.02.2018. Worked days details are as follows:
1st Year worked days (Dec '11 to Nov '12) = 281.5 days
2nd Year worked days (Dec '12 to Nov '13) = 281.5 days
3rd Year worked days (Dec '13 to Nov '14) = 238.5 days
4th Year worked days (Dec '14 to Nov '15) = 272.5 days
5th Year worked days (Dec '15 to Nov '16) = 274.5 days
6th Year worked days (Dec '16 to Nov '17) = 266.5 days
In the 3rd year, he has worked below 240 days for the calendar year. So, is he eligible for gratuity? Is it mandatory for the gratuity act of 240 days per year?
From India, Chennai
Acknowledge(0)
Amend(0)
1Worked period: 01.12.2011 to 28.02.2018. Worked days details are as follows:
1st Year worked days (Dec '11 to Nov '12) = 281.5 days
2nd Year worked days (Dec '12 to Nov '13) = 281.5 days
3rd Year worked days (Dec '13 to Nov '14) = 238.5 days
4th Year worked days (Dec '14 to Nov '15) = 272.5 days
5th Year worked days (Dec '15 to Nov '16) = 274.5 days
6th Year worked days (Dec '16 to Nov '17) = 266.5 days
In the 3rd year, he has worked below 240 days for the calendar year. So, is he eligible for gratuity? Is it mandatory for the gratuity act of 240 days per year?
From India, Chennai
Acknowledge(0)Amend(0)
R.Gobi are you included his NH/Fh 9 days in those 238.5 days or not. I hope you dont included his NH/FH. Please let it me know
From India, Madurai
Acknowledge(0)Amend(0)
From India, Madurai
Acknowledge(0)Amend(0)
01.its mandatory of 240 days for every calendaring year as per gratuity act? 02.if any calendaring year defined by gratuity act? for example: January to December, etc or its based on employees DOJ.
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
Continuous Service Under the Payment of Gratuity Act
Section 2A of the Payment of Gratuity Act defines continuous service as follows:
Continuous service — For the purposes of this Act:
(1) An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing orders, rules, or regulations governing the employees of the establishment), lay-off, strike, or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Please review his employment records to determine whether the period from December 2013 to December 2014 is covered under this.
Extract from the Bare Act
Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer:
(a) For the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than:
(i) One hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) Two hundred and forty days, in any other case.
You can decide by taking all these facts into consideration. I still say he is entitled to gratuity unless in 2013-14 there was a documented break in service for which he was punished as a break in service.
From India, Pune
Acknowledge(2)
Amend(0)
Section 2A of the Payment of Gratuity Act defines continuous service as follows:
Continuous service — For the purposes of this Act:
(1) An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing orders, rules, or regulations governing the employees of the establishment), lay-off, strike, or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.
Please review his employment records to determine whether the period from December 2013 to December 2014 is covered under this.
Extract from the Bare Act
Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer:
(a) For the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than:
(i) One hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) Two hundred and forty days, in any other case.
You can decide by taking all these facts into consideration. I still say he is entitled to gratuity unless in 2013-14 there was a documented break in service for which he was punished as a break in service.
From India, Pune
Acknowledge(2)Amend(0)
Dear Nathrao ji,
You mentioned that a person is entitled to gratuity as long as there was no break in service during the last five years. Your post also has one validation.
I would like to ask you, with due respect, where is it stated in the PoG Act? Your reply will provide more clarity on the subject. I have also read your subsequent post.
Thank you.
From India, Mumbai
Acknowledge(1)Amend(0)
You mentioned that a person is entitled to gratuity as long as there was no break in service during the last five years. Your post also has one validation.
I would like to ask you, with due respect, where is it stated in the PoG Act? Your reply will provide more clarity on the subject. I have also read your subsequent post.
Thank you.
From India, Mumbai
Acknowledge(1)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
Less than 5 years service - Eligibility for payment of gratuity.pdf