Ad-Free CAclubindia and Daily Updates on your mobile. Subscribe Now!

Payment of gratuity

Gaurav (MBA) (144 Points)

12 June 2013

Kindly hekp me in the following issue-

A person had been employed in the company for 2yrs 7months, then after he joined other company by the Consent of the former employer. Now the question in this regard has come is that whether the said employee shall be considered as being in the continuous service for 5 yrs. As the second service is now for 3 yrs (Total Service - 2.7 +3 yrs = 5.7 Yrs)

Thanking you in anticipation

Reply
Follow
Share

5 Replies

CA Tushar Singhania (Asst. Manager Accts & Fin.) (402 Points)
Replied 12 June 2013

Dear Gaurav,

Continuous service would mean continous service under the same employer. Please reffer to the act as mentioned in the link

https://www.indiankanoon.org/doc/1503989/

Upgrade to CAclubindia Pro. Subscribe Now!

CA.Vinita Gupta (Deputy Manager- Finance) (2923 Points)
Replied 12 June 2013

No the employee is not eligible for gratuity

@VaibhavJ (Believe!! Live your dreams!) (33516 Points)
Replied 12 June 2013

whether he has rejoined after a break in service or there was continuation of service?

In case of continuation of service without break, he is eligible for Gratuity. Even if there was one day break in service he is not eligible for Gratuity.

It is applicable only if he is on payroll of same company.

Thanks

PMA Nooruddin (M.Com, Finance Manager) (422 Points)
Replied 12 June 2013

BASIC + DA / No.of days in a month (26) X 15 days X number of years of service *** = Gratuity Amount *** Number of years of service should be more than 5 years or 4 years 240 days

ALOK KUMAR JHA (STAFF) (74 Points)
Replied 13 June 2013

HELLO FRIEND HERE I HAVE A DOUBT REGARDING GRATUITY:-

SAY COMPANY A IS TAKEN OVER BY COMPANY B THROUGH AMALGAMATION PROCESS ANF ID ANY EMPLOYEE WORK 3 YEARS IN COMPANY A AND THEN AFTER AMALGAMATION WORK 3 YEARS IN COMPANY B THEN IS HE ELIGIBLE FOR GRATUITY?CAN 6 YEARS WILL BE CONTINUITION OF SERVICE BECAUSE AFTER AMALGAMATION MANAGEMENT HAS BEEN CHANGED.EXPERTS PLEASE REPLY.THANKS IN ADVANCE.