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Dear Colleague,
To calculate the days as follows: any employee who has completed 4 years and 240 days in the 5th year must be paid gratuity at the rate of 15 days' salary for every completed year.
Provisions of the Payment of Gratuity Act, 1972
As per the provisions of the Payment of Gratuity Act, 1972 Section: 2A Continuous service. For the purposes of this Act:
(1) An employee shall be considered in continuous service for a period if they have been in uninterrupted service, including service interrupted by sickness, accident, leave, absence from duty without leave (not being absence treated as a break in service according to the establishment's standing order, rules, or regulations), lay off, strike, lock-out, or cessation of work not due to the employee's fault, whether the service was rendered before or after the Act's commencement.
(2) If an employee (not in a seasonal establishment) is not in continuous service under clause (1) for one year or six months, they shall be deemed in continuous service under the employer if, within the preceding twelve or six calendar months:
(a) they worked for at least one hundred and ninety days in certain cases or two hundred and forty days in other cases for a year, or
(b) they worked for at least ninety-five days in certain cases or one hundred and twenty days in other cases for six months. Explanation: The days an employee has worked include days of lay-off, leave with full wages, accident-related absence, and maternity leave.
(3) An employee in a seasonal establishment not in continuous service under clause (1) for a year or six months shall be deemed in continuous service if they worked at least seventy-five percent of the days the establishment operated during that period.
From India, Chennai
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To calculate the days as follows: any employee who has completed 4 years and 240 days in the 5th year must be paid gratuity at the rate of 15 days' salary for every completed year.
Provisions of the Payment of Gratuity Act, 1972
As per the provisions of the Payment of Gratuity Act, 1972 Section: 2A Continuous service. For the purposes of this Act:
(1) An employee shall be considered in continuous service for a period if they have been in uninterrupted service, including service interrupted by sickness, accident, leave, absence from duty without leave (not being absence treated as a break in service according to the establishment's standing order, rules, or regulations), lay off, strike, lock-out, or cessation of work not due to the employee's fault, whether the service was rendered before or after the Act's commencement.
(2) If an employee (not in a seasonal establishment) is not in continuous service under clause (1) for one year or six months, they shall be deemed in continuous service under the employer if, within the preceding twelve or six calendar months:
(a) they worked for at least one hundred and ninety days in certain cases or two hundred and forty days in other cases for a year, or
(b) they worked for at least ninety-five days in certain cases or one hundred and twenty days in other cases for six months. Explanation: The days an employee has worked include days of lay-off, leave with full wages, accident-related absence, and maternity leave.
(3) An employee in a seasonal establishment not in continuous service under clause (1) for a year or six months shall be deemed in continuous service if they worked at least seventy-five percent of the days the establishment operated during that period.
From India, Chennai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc