Pallavi Nikhil Shinde (Service) (30 Points)
20 November 2010Hi,
I have couple of queries:
1. If a person completes 4 years and 240 days of continuous service with one particular employer, well he/she be eligible for a Gratuity?
2. To entitle for maternity benefits, for how many days a women employee should have worked with a particular employer?
Thanks in advance.
Kumar
(CA)
(666 Points)
Replied 20 November 2010
Gratuity is compulsorily payable only if 5 years of Continuous service is provided and hence in the given case, it is not required to be paid under the Act
Prateek
(M.Com. CWA- Final)
(237 Points)
Replied 20 November 2010
1. Gratuity is compulsorily payable only if 5 years of Continuous service is provided
but the completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
2. To be eligible for maternity benefits a woman employee should have worked for not less than 160 days in the 12 months immediately prior to the date of expected delivery.
The total period of such maternity leave does not exceed 12 weeks.
Pallavi Nikhil Shinde
(Service)
(30 Points)
Replied 21 November 2010
Thanks for your replies.
But I found Madras Court ruling on Payment of Gratuity and the details on Dept of Labour, India site on Maternity Act.
Attaching the files here for the reference.
Please share your inputs on this.
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