Gratuity
SWAMY KARLAPUDI
(Querist) 16 July 2015
This query is : Resolved
Dear Sir,
One of my friend worked in a manufacturing company and resigned on 30th June2015. Kindly explain whether he is eligible to get gratuity as per his service period in the company. One of my friend said, if an employees worked in a company continuously for 4 years 240 days, then he is eligible to get gratuity as per apex court decision. Please clarify on this.
He joined on 17th Oct, 2010.
Resigned by 30 th June 2015.
Total days in service - 4 years, 8 months, 13 days including weekly offs, holidays, leaves.
By the time of leaving he is having 70 earned leaves, which are not en cashed.
Hence please advise whether it is eligible as per law to get gratuity.
Regards,
Swamy.
Kumar Doab
(Expert) 16 July 2015
Payment of Gratuity Act;Sec;2A
If he has rendered uninterrupted service and establishment works 6days/week then count 240 days in 5th year and if establishment works for less than 6days/week then count 190 days in 5th year..........
If employer and its HR personnel are showing tantrums, submit FormI under proper acknowledgment.
SWAMY KARLAPUDI
(Querist) 16 July 2015
Thank you sir, it is a manufacturing company he is working, 6 days a week working, no interruption in services, continuously he worked. Whether leaves be treated as interruption in service?
Once again thanks for reply.
Regards,
Swamy.
Kumar Doab
(Expert) 16 July 2015
Payment of Gratuity Act;1972: Sec:1(3), 2(g), 2A(1),2A{2(a)(ii)}
Informed/approved leave or any leave that does not cause in break in service is part of continuous service.
Earned Leave shall be computed in FnF statement/settlement and encashed by employer as per provisions/leave rules /as per applicable enactments.
SWAMY KARLAPUDI
(Querist) 04 August 2015
The personnel manager arguing that person should complete 5 years of service to get gratuity as per act. Is there any settled proof to show him. Pls help. How to do?
Guest
(Expert) 04 August 2015
What do you mean to say by "settled proof" against the clear provision in the Act, in itself? Shri Kumar Doab has very clearly quoted the relevant sections of the Act.
Alternatively, your friend can also ask him to provide some settled proof as against the provisions of relevant sections of the Act.
BUT, if the query does not relate to any real problem, don't expect the answer in academic fashion to test the knowledge of experts.
SWAMY KARLAPUDI
(Querist) 05 August 2015
Thank you sir, it is not academic question, it is real situation.
Once again thank you all.
