Gratuity

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LAXMAN (Querist)
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20 August 2015 plz give clarification regarding gratuity eligiblity. an employee is eligible to apply if completed period of service 5 above. is he eligible to apply gratuity completion of period of service 4.9 months

CMA MALHAR BEHERA

CMA MALHAR BEHERA (Expert)
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20 August 2015 Continuous service: – As per section 2A, of Gratuity Act :

1. An employee is said to be in continuous service for a period if he has for that period been in uninterrupted service including service which may be interrupted on account of accident, sickness, leave, absence from duty without leave, layoff, strike or a lock-out or cessation of work not due to any fault of employee.

2. Employee other than employee employed in seasonal establishment if he is not in continuous service within meaning of above point (1) for any period of one year or six months, he is deemed to be in continuous service under the employer

a). For said period of one year, if employee during the period of 12 calendar months preceding date with reference to which calculation is to be made, has actually worked under employer for period of at least
i. 190 days in case of employee employed below ground in mine or in an establishment which works less than six days a week and
ii. 240 days in other cases.

b). For said period of six months, if employee during the period of six calendar months preceding date with reference to which calculation is to be made, has actually worked under employer should be half the number of days actually worked which constitute continuous service for period of one year i.e. 95 days and 120 days respectively.