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sayantan roy (sales executive)     04 September 2012

Gratuity and service days

hi...i am woking for a organization from 11thDec'07......now if i would like to put a notice of 1 month on 1st January'13 and then leave the organization, whether i will be eligible for gratuity or not?

How we calculate the service days as for me 6 days working in a week.

official holidays and leave days will be  included or excluded at the time of counting service days?

 

please response.



Learning

 1 Replies

Kumar Doab (FIN)     04 September 2012

By 1st Jan,2013 You shall be completing> 5 years of service and shall be eligible.

While you submit notice of resignation mention the concerned clause number of your appointment letter, effective date of resignation/last day in office and that gratuity payment may be computed in FNF statement.

As you are notifying the date of retirement you may submit formI to employer and obtain acknowledgment. You may also submit form I to controlling authority which may be ALC in your case under acknowledgment.

 

Section: 2A
Continuous service.

For the purposes of this Act, -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week;

 

(ii) two hundred and forty days, in any other case;

 

 

(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than -

(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) one hundred and twenty days, in any other case;

 

 

Section: 2
Definitions.

 

[2] [(c) "continuous service" means continuous service as defined in section 2A;]

 

You may go thru very informative threads initiated by employees:

Discussion > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

At the following link: https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UCP4NSIWrts

 

Discussion > Labour & Service Law > Gratuity and compensation At the following link: https://www.lawyersclubindia.com/forum/Gratuity-and-compensation-63698.asp#.UDIj9yIWrts


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