Clarification on Gratuity Act Eligibility
As per the Gratuity Act, an employee must work for a minimum of 240 days per year to be eligible for gratuity. Kindly let me know from which date the 240 days would be reckoned (starting from the date of joining or from the calendar month in which the employee has joined).
If an employee has worked for 7 years, out of which in 3 years he has worked for less than 240 days (calculated as per the Act), would he be paid gratuity for only 4 years? For calculating the number of working days as above, would leave days without wages be considered?
Thanking you in anticipation.
Best Regards,
Raghavendra Rashinkar
From India, Calcutta
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As per the Gratuity Act, an employee must work for a minimum of 240 days per year to be eligible for gratuity. Kindly let me know from which date the 240 days would be reckoned (starting from the date of joining or from the calendar month in which the employee has joined).
If an employee has worked for 7 years, out of which in 3 years he has worked for less than 240 days (calculated as per the Act), would he be paid gratuity for only 4 years? For calculating the number of working days as above, would leave days without wages be considered?
Thanking you in anticipation.
Best Regards,
Raghavendra Rashinkar
From India, Calcutta
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1 From date of joining 2.If worked for less than 240 days, no gratuity is payable for those years 3. Lwp to be treated as days not worked. Regards Vinayak Nagarkar HR Consulting
From India, Mumbai
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635From India, Mumbai
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Please find below the corrected text with proper spelling, grammar, and paragraph formatting:
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Please have your answers to the query as follows:
1. Yes, qualifying for gratuity requires a minimum of 240 working days in a year.
2. Calculations are made from the date of joining to the date of leaving.
3. The number of years in which working days are less than 240 is deducted from the total period, i.e., the total number of years.
4. No, leave without pay is not considered.
P K Sharma
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I have corrected the spelling, grammar, and formatting of the text to ensure clarity and correctness. Let me know if you need any further assistance.
From India, Delhi
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Please have your answers to the query as follows:
1. Yes, qualifying for gratuity requires a minimum of 240 working days in a year.
2. Calculations are made from the date of joining to the date of leaving.
3. The number of years in which working days are less than 240 is deducted from the total period, i.e., the total number of years.
4. No, leave without pay is not considered.
P K Sharma
---
I have corrected the spelling, grammar, and formatting of the text to ensure clarity and correctness. Let me know if you need any further assistance.
From India, Delhi
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No gratuity if the residual period ,after the 3 years — where he has not worked for 240 days, is 4 years
From India, Delhi
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From India, Delhi
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Continuous Service and Gratuity Eligibility
Section 2A(1) states that an employee shall be considered to be in continuous service for a period if he has been in uninterrupted service during that period, including service that may be interrupted due to sickness, accident, leave, or absence from duty without leave (excluding absence for which an order treating it as a break in service has been issued in accordance with the establishment's standing orders, rules, or regulations). Therefore, if no order has been issued treating the absence as a break in service, the employee is eligible for gratuity even for years with less than 240 days of attendance.
From India, Pune
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Section 2A(1) states that an employee shall be considered to be in continuous service for a period if he has been in uninterrupted service during that period, including service that may be interrupted due to sickness, accident, leave, or absence from duty without leave (excluding absence for which an order treating it as a break in service has been issued in accordance with the establishment's standing orders, rules, or regulations). Therefore, if no order has been issued treating the absence as a break in service, the employee is eligible for gratuity even for years with less than 240 days of attendance.
From India, Pune
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt