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Gratuity
Dear sir,
Request the clarification for the following points.
We understand that, as per Payment of Gratuity act, the gratuity is payable if an employee has put a continuous service of 5 years. if there is a shortfall of 7 days for completion of 5 years, whether the employee is eligible for gratuity ?
ex. date of joining : 10.09.2007
date of leaving : 03.09.2012
Request the clarification pl.
Replies (1)
According to Payment of Gratuity Act, for calculating the years of service, the year in which employee worked more than 6 months is considered as the year of service.
(Ex: 20years,7 months will be calculated as 21 years of service.)
But this cannot be applied to this case as continuous service is defined seperately.
"An employee is deemed to be in continuous service for the year if he worked for 240 or more days incase of 6 day week or 190 days in case of a five day week."
So, check the applicability with this provision .
If was not in leave during the year for more than 118 days, he will be eligible for gratuity.
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