He is eligible to claim gratuity as he has not committed any action against under section 4(6)(b) of The Payment of Gratuity act. Regards, KM
From India, Chennai
15From India, Chennai
Depend upon the length of service if completion of 5 years then payment is must. sumit
From India, Ghaziabad
From India, Ghaziabad
Gratuity is applicable after completion of 5 years (4 years 240 days which ever is minimum) in a service or in demise case.
From India, Delhi
From India, Delhi
Gratuity is applicable after the completion of 5 Years. 5 years means the 5th Year consider 240 days of working/paid days. However, you can refer the various case laws for the support.
From India, Mumbai
From India, Mumbai
Dear Mr. Mohan, In case of unauthorized absenteeism, can not forfeit the Gratuity of the employee.
From India, Bareli
From India, Bareli
Gratuity is payable for the service an employee has put in. But in cases where employee is dismissed, gratuity shall be forfeited.
From India, Delhi
From India, Delhi
If 5 years service period is completed then he is eligible for the payment of gratuity. sumit
From India, Ghaziabad
From India, Ghaziabad
What a beautiful question!! After reading all these comments, still you doubt if gratuity need not be paid?
From India, Kannur
From India, Kannur
Dear Priya,
Because of his unauthorised absence , if he falls short of completing 5 years' of continuous service which means during each year of his stint, he should have put in 240 days' of uninterrupted continuous service as defined in the Act , then in principle , he is not eligible for gratuity.
However you need to share his attendance particulars during the entire period of 5 years' service or more if any , to advice you accurately.
Regards,
Vinayak Nagarkar
HR- Consultant.
From India, Mumbai
Because of his unauthorised absence , if he falls short of completing 5 years' of continuous service which means during each year of his stint, he should have put in 240 days' of uninterrupted continuous service as defined in the Act , then in principle , he is not eligible for gratuity.
However you need to share his attendance particulars during the entire period of 5 years' service or more if any , to advice you accurately.
Regards,
Vinayak Nagarkar
HR- Consultant.
From India, Mumbai
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