We have terminated one permanent employee for unauthorized absenteeism. Since it's a dismissal after conducting proper domestic enquiry proceedings, is that employee eligible for Gratuity.
Regards,
Mohan
From India, Ottappalam
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9Regards,
Mohan
From India, Ottappalam
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If the employee has put in five years of continuous service, he is eligible for Gratuity.
From India, Madras
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From India, Madras
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Gratuity can be forfeited only for dismissal from service that is due to moral turpitude or loss caused by the violent or riotous behavior of the employee. This provision is outlined in section 4(6)(b) of the Payment of Gratuity Act. Unauthorized absence will not qualify for the forfeiture of gratuity. Therefore, the individual should be paid gratuity if they had worked for five years or for a period like four years and 240 days, as interpreted by the courts of law.
From India, Kannur
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From India, Kannur
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It is true that the employee is eligible for gratuity if he has served 5 years of continuous service. In the case of habitual absenteeism, prior to dismissal, if the employee has served 5 years of continuous service but has not completed 240 days in all 5 years, is he eligible for gratuity for the years in which he was present for 240 days? Secondly, when calculating the 240 days, should we consider the days on which the employee received wages as stated in Sec. 25B of the ID Act?
From India, Nashik
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From India, Nashik
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240 days means 240 PAID days. It is not 240 physically present days. The days on which he was on leave with pay, paid holidays, and paid weekly off days will be counted as days worked.
In any year, if the employee had fewer than 240 days and for that absence, action was initiated or the absence remains unapproved, that year will be considered as interrupted service. In such cases, no gratuity shall become payable. On the other hand, if no disciplinary action was taken for his absence and the LOP was approved, then that year will be counted as uninterrupted service for deciding gratuity eligibility.
From India, Kannur
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In any year, if the employee had fewer than 240 days and for that absence, action was initiated or the absence remains unapproved, that year will be considered as interrupted service. In such cases, no gratuity shall become payable. On the other hand, if no disciplinary action was taken for his absence and the LOP was approved, then that year will be counted as uninterrupted service for deciding gratuity eligibility.
From India, Kannur
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If employee has complete five years although he/she is terminated except fraud case Then employee is eligible for gratuity.
From India, Delhi
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From India, Delhi
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as per the statutory the employee is eligible when he completes 5 yrs of service
From India, Chennai
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From India, Chennai
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Yes, he/she is eligible for gratuity if he/she has completed 5 years of service in the organization regardless of the absenteeism.
If you wish to know more about any other labor laws, contact me at 8356832404.
From India, Thane
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If you wish to know more about any other labor laws, contact me at 8356832404.
From India, Thane
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To make it simple, gratuity is payable as per law if the employee has completed 5 years of continuous service with the organization. But there is also one thing to keep in mind that gratuity is a way of presenting gratitude towards the employee's service.
Also, it is important to keep in mind that after all the inquiries have been conducted regarding unauthorized absenteeism, one will have to pay gratuity if there was no major misconduct from the employee's side.
From India, Hyderabad
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Also, it is important to keep in mind that after all the inquiries have been conducted regarding unauthorized absenteeism, one will have to pay gratuity if there was no major misconduct from the employee's side.
From India, Hyderabad
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He is eligible to claim gratuity as he has not committed any action against under section 4(6)(b) of The Payment of Gratuity act. Regards, KM
From India, Bengaluru
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From India, Bengaluru
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Depend upon the length of service if completion of 5 years then payment is must. sumit
From India, Ghaziabad
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From India, Ghaziabad
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Gratuity is applicable after completion of 5 years (4 years 240 days which ever is minimum) in a service or in demise case.
From India, Delhi
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From India, Delhi
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Gratuity is applicable after the completion of 5 Years. 5 years means the 5th Year consider 240 days of working/paid days. However, you can refer the various case laws for the support.
From India, Mumbai
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From India, Mumbai
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Dear Mr. Mohan, In case of unauthorized absenteeism, can not forfeit the Gratuity of the employee.
From India, Bareli
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From India, Bareli
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Gratuity is payable for the service an employee has put in. But in cases where employee is dismissed, gratuity shall be forfeited.
From India, Delhi
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From India, Delhi
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If 5 years service period is completed then he is eligible for the payment of gratuity. sumit
From India, Ghaziabad
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From India, Ghaziabad
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What a beautiful question!! After reading all these comments, still you doubt if gratuity need not be paid?
From India, Kannur
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From India, Kannur
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Dear Priya,
Because of his unauthorized absence, if he falls short of completing 5 years of continuous service, which means during each year of his stint, he should have put in 240 days of uninterrupted continuous service as defined in the Act, then in principle, he is not eligible for gratuity. However, you need to share his attendance particulars during the entire period of 5 years' service or more if any, to advise you accurately.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Because of his unauthorized absence, if he falls short of completing 5 years of continuous service, which means during each year of his stint, he should have put in 240 days of uninterrupted continuous service as defined in the Act, then in principle, he is not eligible for gratuity. However, you need to share his attendance particulars during the entire period of 5 years' service or more if any, to advise you accurately.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Termination for absenteeism is not a ground for avoiding / forfeiting gratuity. Once employee completes eligibility and not falling in forfeiture clauses, he is entitled.
From India, Hyderabad
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From India, Hyderabad
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Hi,
Whether an employee is terminated or resigns does not matter. If the employee has completed 5 years (4 years and 240 days), he/she is eligible for Gratuity, except in cases where there are pending legal proceedings. The employer is obligated to pay gratuity.
From India, Anantapur
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Whether an employee is terminated or resigns does not matter. If the employee has completed 5 years (4 years and 240 days), he/she is eligible for Gratuity, except in cases where there are pending legal proceedings. The employer is obligated to pay gratuity.
From India, Anantapur
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Yes, the employee is eligible for Gratuity subject to conditions stipulated in the Payment of Gratuity Act, 1972. He/She must have completed 5 years of continuous service.
Also, for argument's sake, gratuity can only be wholly or partially forfeited when termination is effected for riotous or disorderly behavior or moral turpitude cases committed in the course of employment, which is not the case here.
From India, Calcutta
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Also, for argument's sake, gratuity can only be wholly or partially forfeited when termination is effected for riotous or disorderly behavior or moral turpitude cases committed in the course of employment, which is not the case here.
From India, Calcutta
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SC - Gratuity can be denied only on termination for mortal turpitude 6.12.2016.pdf