Hi, just one simple question: If an employee joined in November 2017 and resigned in May 2023, and now they are demanding their gratuity, are they eligible for it? There was a lockdown in between.
From India, Mumbai
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From India, Mumbai
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Lockdown and Gratuity Eligibility
Lockdown (or layoff) should be an arrangement by the management due to specific reasons, and the period of layoff should be treated as days worked for the purpose of gratuity.
If you mean lockdown due to COVID-19, then the same would also qualify as a service period because prior to the lockdown, you should not have terminated the workers or rehired them when the work resumed. As such, the period of lockdown should be considered a service period only.
From India, Kannur
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4526Lockdown (or layoff) should be an arrangement by the management due to specific reasons, and the period of layoff should be treated as days worked for the purpose of gratuity.
If you mean lockdown due to COVID-19, then the same would also qualify as a service period because prior to the lockdown, you should not have terminated the workers or rehired them when the work resumed. As such, the period of lockdown should be considered a service period only.
From India, Kannur
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Hi Nil Mundhe, The eligibility for gratuity depends on the specific labor laws and regulations of the country where the employee is working. In many countries, an employee becomes eligible for gratuity after completing a certain number of years of continuous service with the same employer.
If the employee joined in November 2017 and resigned in May 2023, they would have completed approximately 5 and a half years of service. In many cases, this duration may be enough to qualify for gratuity, as many countries require employees to work for a minimum of 5 years to be eligible.
However, the COVID-19 lockdown may have affected business operations, and in some cases, there may be exceptions or special provisions in place due to the pandemic. It's crucial to refer to the specific labor laws and regulations of the country in question to determine whether the employee is eligible for gratuity in this particular case.
Additionally, it's recommended to consult with a legal or HR professional who is familiar with the labor laws of the relevant jurisdiction to get specific advice tailored to this situation.
Regards
From India, Bangalore
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If the employee joined in November 2017 and resigned in May 2023, they would have completed approximately 5 and a half years of service. In many cases, this duration may be enough to qualify for gratuity, as many countries require employees to work for a minimum of 5 years to be eligible.
However, the COVID-19 lockdown may have affected business operations, and in some cases, there may be exceptions or special provisions in place due to the pandemic. It's crucial to refer to the specific labor laws and regulations of the country in question to determine whether the employee is eligible for gratuity in this particular case.
Additionally, it's recommended to consult with a legal or HR professional who is familiar with the labor laws of the relevant jurisdiction to get specific advice tailored to this situation.
Regards
From India, Bangalore
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