Date of Joining and Last Working Day
Date of joining the organization: 19th December 2013
Last working day: 17th July 2018
About Working Days in the Week
In my current organization, there are different weekly off groups. The groups are as follows:
1. Group A: 5 working days a week
2. Group B: 5.5 working days a week
3. Group C: 6 working days a week
Throughout my tenure with this organization, I have worked in the '5 working days a week' group. However, the organization has declined my gratuity, stating that it has a 6-day working policy, so I fall into section 2A(2)(a)(ii) of the Gratuity Act and am not eligible. My argument is that I fall into 2A(2)(a)(i) of the Gratuity Act as I have been assigned to Group A.
Supporting Documents
The following organization policies/documents support my 5-day working argument:
1. Leave Policy
2. Daily Timesheet shows Saturday/Sunday as weekly off
Kindly advise.
From India, Thane
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Date of joining the organization: 19th December 2013
Last working day: 17th July 2018
About Working Days in the Week
In my current organization, there are different weekly off groups. The groups are as follows:
1. Group A: 5 working days a week
2. Group B: 5.5 working days a week
3. Group C: 6 working days a week
Throughout my tenure with this organization, I have worked in the '5 working days a week' group. However, the organization has declined my gratuity, stating that it has a 6-day working policy, so I fall into section 2A(2)(a)(ii) of the Gratuity Act and am not eligible. My argument is that I fall into 2A(2)(a)(i) of the Gratuity Act as I have been assigned to Group A.
Supporting Documents
The following organization policies/documents support my 5-day working argument:
1. Leave Policy
2. Daily Timesheet shows Saturday/Sunday as weekly off
Kindly advise.
From India, Thane
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Whether it is 5 days/5.5 days/6 days working in a week does not matter as long as it is continuous service. Weekly off of one day or more is the employer's prerogative, and the employee has no choice. The fact that there were more than one day off per week cannot deprive an otherwise eligible employee of his gratuity entitlement. But are you completing eligibility otherwise, as it is 4 years and 7 months only!!!!
From India, Mumbai
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1593From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf