Dear Sudhakar,
Leave with Wages is also considered as working days. Suppose you have availed 20 days of paid leave and worked for 220 days, then this will be considered as 240 working days.
Regards,
RK
From India, Mumbai
14Leave with Wages is also considered as working days. Suppose you have availed 20 days of paid leave and worked for 220 days, then this will be considered as 240 working days.
Regards,
RK
From India, Mumbai
Mr.Sudhakar
Why you need to take the help of '4 year 240 days' principle to claim 5 year service? Since you joined in Septemeber even as trainee and as you were tretaed as confirmed after the expiry of the trainee period, your servcie shall count from Sept 2007 and thus you complted 5 year service by Sept 2012.
B.Saikumar
Mumbai
From India, Mumbai
Why you need to take the help of '4 year 240 days' principle to claim 5 year service? Since you joined in Septemeber even as trainee and as you were tretaed as confirmed after the expiry of the trainee period, your servcie shall count from Sept 2007 and thus you complted 5 year service by Sept 2012.
B.Saikumar
Mumbai
From India, Mumbai
Dear Sudhakar, Please mention the date of Joining to the company: Trainee and On roll, Exact date of leaving.. RK
From India, Mumbai
From India, Mumbai
Dear Sudhakar
1)Tell them that Sec.4(1) of the Payment of Gartuity Act 1972 prescribes 5 years of continuous servcie for being eligibel to calim gartuity.
2) That you have joined the servcie in sept 2007 and left it in Jan 2013, thus completing a continuous servcie of 5 years 3 months -- days. thus you have fulfilled the eligibility critirion under Sec.4(1).
3) Sec.2-A defines what is continuous servcie.While defining continuous servcie it includes even the following periods of absence in servce as part of the continuous servcie.
a)the period of lay-off
b)the period of leave with wages.
c)the period of absence due to temprary disavlement
d)the period of maternity leave (in case of feamle employes)
4) Thus no where either Sec4(1) or Sec.2-A have excluded the period of training from being part of continuous servcie.
5)When even certain periods of absence were made part of continuous servcie, excluding the period of training during which you were on duty was violative of the provisions of teh Gratuity Act.
You can present your case on the above lines.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
1)Tell them that Sec.4(1) of the Payment of Gartuity Act 1972 prescribes 5 years of continuous servcie for being eligibel to calim gartuity.
2) That you have joined the servcie in sept 2007 and left it in Jan 2013, thus completing a continuous servcie of 5 years 3 months -- days. thus you have fulfilled the eligibility critirion under Sec.4(1).
3) Sec.2-A defines what is continuous servcie.While defining continuous servcie it includes even the following periods of absence in servce as part of the continuous servcie.
a)the period of lay-off
b)the period of leave with wages.
c)the period of absence due to temprary disavlement
d)the period of maternity leave (in case of feamle employes)
4) Thus no where either Sec4(1) or Sec.2-A have excluded the period of training from being part of continuous servcie.
5)When even certain periods of absence were made part of continuous servcie, excluding the period of training during which you were on duty was violative of the provisions of teh Gratuity Act.
You can present your case on the above lines.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Dear friends,
Gratuity is payable for the training period also, this subject along with other issues on gratuity was discussed in citeHR a few years back as well. Go thro' this link.
https://www.citehr.com/20184-applica...act-labor.html
Also can use the Allahabad High Court judgment on this issue, test attached.
kumar.s.
From India, Bangalore
Gratuity is payable for the training period also, this subject along with other issues on gratuity was discussed in citeHR a few years back as well. Go thro' this link.
https://www.citehr.com/20184-applica...act-labor.html
Also can use the Allahabad High Court judgment on this issue, test attached.
kumar.s.
From India, Bangalore
Hi All,
Thank you very much for your valuable suggestions and points which given me more confidence to get my gratuity.
RK Sir
I joined the company as trainee after 6 months came into rolls(confirmation)
Date of Joining 24th September 2007
Date of Confirmation 24th March 2008
Last Date 9th January 2013
Thanks in advanced
A Sudhakar
From India, Hyderabad
Thank you very much for your valuable suggestions and points which given me more confidence to get my gratuity.
RK Sir
I joined the company as trainee after 6 months came into rolls(confirmation)
Date of Joining 24th September 2007
Date of Confirmation 24th March 2008
Last Date 9th January 2013
Thanks in advanced
A Sudhakar
From India, Hyderabad
Dear Sudhakar,
As per your date of confirmation the working period is 4 Years 9 Months and 5 days. But the judgement for 240 days in fifth year says that he/she should have been worked for 10 months 18 days. Please call me on 09481847810 so that I can give you clear details.
Regards,
RK
From India, Mumbai
As per your date of confirmation the working period is 4 Years 9 Months and 5 days. But the judgement for 240 days in fifth year says that he/she should have been worked for 10 months 18 days. Please call me on 09481847810 so that I can give you clear details.
Regards,
RK
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc