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Calculation of Gratuity based on working days for the entire service year

(Querist) 15 February 2011 This query is : Resolved 
Presently I am working with a company since last 8 years & I want to quit my
services. Please explain for how many years gratuity will be paid to me if my
year wise actual working days are as below:

Year - Working days
2003 - 250
2004 - 265
2005 - 255
2006 - 245
2007 - 200
2008 - 245
2009 - 260
2010 - 265

Also request to please give a case reference if any so that I can put my point in a stronger note.

Rgds,

Nimisha Pankaj
Kirti Kar Tripathi (Expert) 15 February 2011
for eight years i.e. the calculation of gratuity shall be as per this rule

your last pay multiply by 8 (years) multiply by 15 (days) divided by 26 (working days in months)

last pay X 8 X 15 / 26
Kirti Kar Tripathi (Expert) 15 February 2011
You will be considered in continuous cerive of eight years under the Act.
Advocate. Arunagiri (Expert) 15 February 2011
Nothing to add to Mr.Tripathis reply.
Ajay Bansal (Expert) 16 February 2011
Agreed with Kirti.
Nimisha Pankaj (Querist) 18 February 2011
Sir,

I do not doubt on your suggestions but still want to canfirm that the working days for the year 2007 is less than 240 & my company is denying for the payment of gratuity because they say that my eligibility for the gratuity payment is sufficient as there is insufficient working days in between the service period of mine.

Sir, pls advise and also provide me a reference of any case to put my view on a concrete ground to my employer.

Rgds,

Nimisha Pankaj


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