One of the PSU employees has worked for 4 years, 10 months, and 20 days, i.e., less than 5 years but more than 240 days in the said year. Is he eligible for gratuity under the Payment of Gratuity Central Rules under the concept of continuous service? If not, what are the reasons thereof.
From India, Kolkata
Acknowledge(0)
Amend(0)
From India, Kolkata
Acknowledge(0)Amend(0)
The continuous service of 4 years and 10 months suffices to fulfil the eligibility criteria of five year service.
From India, Mumbai
Acknowledge(1)Amend(0)
1593From India, Mumbai
Acknowledge(1)Amend(0)
But 5 years continued service would need to be completed out of which if 10 months is completed in 5th year,you will be entitled to get gratuity.
From India, Pune
Acknowledge(1)Amend(0)
From India, Pune
Acknowledge(1)Amend(0)
Dear Ashis,
As per your post and act, the employee is not eligible as he has not completed 5 years of service. Since gratuity is a statutory benefit paid to the employees, it can be considered under the welfare measure by the interpretation given by some courts. Since it is a PSU, please be cautious before doing so and take necessary approval from the authority.
From India, Mumbai
Acknowledge(0)Amend(0)
As per your post and act, the employee is not eligible as he has not completed 5 years of service. Since gratuity is a statutory benefit paid to the employees, it can be considered under the welfare measure by the interpretation given by some courts. Since it is a PSU, please be cautious before doing so and take necessary approval from the authority.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
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