Dear All,
I am Sanjeev Patil working as Officer HR.I have a doubt, how to treat a particular case in Gratuity calculation.
The case is one of the employee was appointed in 1991, he was a long absentee. During the year from 2000 to 2005 and 2008 to 2014 he has not worked for 240 days, from 2011 he has stopped coming, now he has submitted resignation letter.
My question are:
1) whether i have to consider his total service or only which year he has worked for 240 days.
2) For which year i have to consider his Basic + DA.
Looking for your suggestions.
Warm Regards
Sanjeev Patil
From India, Bangalore
I am Sanjeev Patil working as Officer HR.I have a doubt, how to treat a particular case in Gratuity calculation.
The case is one of the employee was appointed in 1991, he was a long absentee. During the year from 2000 to 2005 and 2008 to 2014 he has not worked for 240 days, from 2011 he has stopped coming, now he has submitted resignation letter.
My question are:
1) whether i have to consider his total service or only which year he has worked for 240 days.
2) For which year i have to consider his Basic + DA.
Looking for your suggestions.
Warm Regards
Sanjeev Patil
From India, Bangalore
Hi,
(1) an employee shall be 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 sickness, accident, leave, absence from duty without leave (not being absence in respect of which an
order 3*** treating the absence as break in service has been passed in accordance
with the standing orders, rules or regulations governing the employees of the establishment), lay-off,strike or a lock-outor cessation of work not due to any fault of the employee,whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continu
ous 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 les
s 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;
From India, Mumbai
427(1) an employee shall be 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 sickness, accident, leave, absence from duty without leave (not being absence in respect of which an
order 3*** treating the absence as break in service has been passed in accordance
with the standing orders, rules or regulations governing the employees of the establishment), lay-off,strike or a lock-outor cessation of work not due to any fault of the employee,whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continu
ous 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 les
s 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;
From India, Mumbai
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