Rammohan Iyer (Head HR) 04 April 2013
One of our worker has left the job after the completion of five years of service. During this period of five years on two occassions ( two years) he has worked for less than 240 days. That is in the second year and in the fifty year.
Now he is claming gratuity on the basis of completion of five years of service.
Please let me know wheher he is eligible to claim or what is the defence of the organization to refuse his claim.
Advocate Sastry (Advocate) 04 April 2013
You say that "During this period of five years on two occassions ( two years) he has worked for less than 240 days."
Please tell whether any interruption of his service has been caused due to this ?
Kumar Doab (FIN) 04 April 2013
Mr. Sastry has given valuable advice. Kindly follow it and post the details on interruption in service. You may highlight on the fifth year.
At the same time you may refer to:
Payment of Gratuity Act, 1972
Section: 2A
Continuous service.
The Section 2 (a) (i) -----190 days = 1 year if company operates 5days/week.
Section 2 (a) (ii)-------240 days= 1 year in any other case (if company operates 6 days/week).
Section 2 (b) (i) (ii) may also be looked into.
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