Dear Learned Fraternity,
I have a specific query regarding the payment of gratuity. The facts are as follows:
Employee's Joining Date: 01.06.1990
Employee's Last Working Date: 01.09.2018
Employee's Superannuation Date: 01.08.2021
The employee was on medical leave from 01.09.2018 to 01.08.2021.
Now, whether the last day for the calculation of gratuity to be considered is 01.09.2018 or 01.08.2021? Also, please provide the relevant sections of the Acts that are to be looked into, to have a better understanding.
Thanks in advance.
From India
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1I have a specific query regarding the payment of gratuity. The facts are as follows:
Employee's Joining Date: 01.06.1990
Employee's Last Working Date: 01.09.2018
Employee's Superannuation Date: 01.08.2021
The employee was on medical leave from 01.09.2018 to 01.08.2021.
Now, whether the last day for the calculation of gratuity to be considered is 01.09.2018 or 01.08.2021? Also, please provide the relevant sections of the Acts that are to be looked into, to have a better understanding.
Thanks in advance.
From India
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Superannuation and Medical Leave
The employee should have gone on medical leave from 01-08-2021, i.e., exactly from the date of his superannuation. How did the management accept the leave application without instructing him to superannuate? If the service regulations or Standing Orders have specified a certain age as the age of superannuation, the employee has no right to continue beyond that age unless his services were extended by specific orders from the management.
Gratuity Act and Rules
If you had followed the Gratuity Act and the Rules, you would have informed the employee in advance about the date of superannuation and the amount of gratuity payable according to your calculations. Please review the Rules.
From India, Salem
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The employee should have gone on medical leave from 01-08-2021, i.e., exactly from the date of his superannuation. How did the management accept the leave application without instructing him to superannuate? If the service regulations or Standing Orders have specified a certain age as the age of superannuation, the employee has no right to continue beyond that age unless his services were extended by specific orders from the management.
Gratuity Act and Rules
If you had followed the Gratuity Act and the Rules, you would have informed the employee in advance about the date of superannuation and the amount of gratuity payable according to your calculations. Please review the Rules.
From India, Salem
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