Dear All,
One of our employee has worked with us for 4 months and then went on leave as she was unwell. she was supposed to resume back , however she expired.
My query is :
a) Is she entitled for Gratuity? AS she has worked for 4 months .As per the Gratuty Law, in event of death, the gratuity amount is payable to the nominee, but what if the employee has worked only four months ( less than a year.) will she be applicable for gratuity benefit
b) How should we calculate gratuity. In some of the posts, some members have mentioned, it has to be calculated till retirement age, whereas some has mentioned it has to be given till the time she has worked.
Request all seniors to provide guidance on the above issue.
Thanks & Regards
From India, Mumbai
6One of our employee has worked with us for 4 months and then went on leave as she was unwell. she was supposed to resume back , however she expired.
My query is :
a) Is she entitled for Gratuity? AS she has worked for 4 months .As per the Gratuty Law, in event of death, the gratuity amount is payable to the nominee, but what if the employee has worked only four months ( less than a year.) will she be applicable for gratuity benefit
b) How should we calculate gratuity. In some of the posts, some members have mentioned, it has to be calculated till retirement age, whereas some has mentioned it has to be given till the time she has worked.
Request all seniors to provide guidance on the above issue.
Thanks & Regards
From India, Mumbai
Dear Amy,
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer--
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than--
(i) ninety- five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case; 3[ Explanation.-- For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which--
(i) he has been laid- off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946 ), or under the Industrial Disputes Act, 1947 or (14 of 1947 ), under any other law applicable to the establishment;
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.]
Regads,
Tushar Swar
From India, Mumbai
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer--
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than--
(i) ninety- five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other case; 3[ Explanation.-- For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which--
(i) he has been laid- off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946 ), or under the Industrial Disputes Act, 1947 or (14 of 1947 ), under any other law applicable to the establishment;
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.]
Regads,
Tushar Swar
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc