One person who has completed 5years service and one year he has attended only 220 days. is he eligible for getting gratuity R.Parameswaran 9843350225
From India, Chennai
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2From India, Chennai
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As per the Gratuity Act, if a person has completed 4 years and 240 days, they will be eligible for claiming gratuity.
Scenario 1: Since they have completed 5 years, they are eligible for claiming gratuity.
Scenario 2: Out of 5 years, have they worked for 4 years and 220 days? Please confirm whether the service is continued or not.
Continuous Service:
For the purposes of this Act, an employee shall be said to be in continuous service for a period if they have, for that period, been in uninterrupted service. This includes 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 order, rules, or regulations governing the employees of the establishment), layoff, strike, or a lockout 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.
Regards,
Rohith N
Resolve Business Services
From India, Bangalore
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Scenario 1: Since they have completed 5 years, they are eligible for claiming gratuity.
Scenario 2: Out of 5 years, have they worked for 4 years and 220 days? Please confirm whether the service is continued or not.
Continuous Service:
For the purposes of this Act, an employee shall be said to be in continuous service for a period if they have, for that period, been in uninterrupted service. This includes 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 order, rules, or regulations governing the employees of the establishment), layoff, strike, or a lockout 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.
Regards,
Rohith N
Resolve Business Services
From India, Bangalore
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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