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Completed year of service in gratuity

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(Querist)
18 January 2013 An employee completed 42 year of his service and also fulfill the criteria of 5 continuous year in 3 years out of 42 years worked only 4 month each of year. What is the completed year for gratuity calculation?
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Sanket

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Sanket (Expert)
18 January 2013 For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned.
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Amit Singh

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Amit Singh (Querist)
18 January 2013 It means he is eligible only for 39 years.
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Santosh Mishra

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Santosh Mishra (Expert)
02 March 2013 No, he is eligible for gratuity for 42 years provided his services in those three years were interrupted due to sickness, accident,on leave,absence from duty without leave. But these absence from duty must have not been considered as break in service as per internal policy of company.
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