gratuity law

SURAJ KANTHAMANGALA (Querist) 29 November 2010 This query is : Resolved
SIR/S

I HAVE FEW CONFUSIONS IN GRATUITY CALCULATION. THE ACT SAYS IT IS APPLICABLE ONLY AFTER THE COMPLETION OF 5 YEARS. BUT IS THERE ANY NEW AMENDMENTS SAYING IF ANY EMPLOYEES COMPLETES 4 YEARS 240 DAYS WILL BE ELIGIBLE FOR GRATUITY? ONE OUR EMPLOYEE LEFT AFTER 4 YEARS 11 MONTHS AND WE DIDN'T PAY HIM GRATUITY!! TO EXPERTS DESK FOR ADVICE

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A V Vishal (Expert) 29 November 2010
REFER S.2A OF THE PAYMENT OF GRATUITY ACT.

Kirti Kar Tripathi (Expert) 30 November 2010
Under the ID Act, 240 days is considered a continuous service of 12 months, this concept can be borrowed .But under the Act, the required period is 5 years and there is dispute among various Courts as regards to its interpretation. To the best of my knowledge, no such amendment is existing till date.