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Anonymous
3

Greetings to all Seniors,
I have one query about Payment of Gratuity Act 1972, Please clarify this as soon as possible.
Are Sundays and Holidays & Weekly Off days counted for calculating 240 working days as completed year under Payment of Gratuity Act 1972?
In other ways, Whether "Sundays and weekly Off & Holiday" will be counted for calculating 240 working days to find out completed year under Payment of Gratuity Act 1972 or not to be counted?
Please suggest me. I'm looking your valuable guidance.
Thanks & Regards :
Devendra Mohan Gaur

From India, Faridabad
Ubaid Raheman
51

Dear Devendra,
This is with reference to your query...
For the purpose of computing 190 days or 240 days as the case may be, the following days have to be included.
1. Sundays and Holidays for which the workmen is paid.
2. Period of Lay-off
3. Period of earn leave with the full wages.
4. Maternity Leave Period
5. Absence of temporary disablement due to Accident.
Ref: Industrial Disputes Act, 1947
Thanks.

From India, Mumbai
pramodthakar
33

Dear Mr. Ubaid,
Pl. brief in detail against point No. 1.
In Monthly salary structure Sundays or Weekly holidays are considered as Paid weekly off.
Wherein in Per day structure payments are made for working days. In other way, those employees are not getting paid weekly off.
In such case what is the way of consideration.
Thanks in advance

From India, Pune
Madhu.T.K
3891

If these weekly off days and holidays are paid days then these days are counted for deciding the eligibility for and calculation of Gratuity. Ref: Payment of Gratuity Act. Madhu.T.K
From India, Kannur
fc.vadodara@nidrahotels.com
733

Sundays and Holidays & Weekly Off days are counted for calculating 240 working days as completed year under Payment of Gratuity Act.
From India, Ahmadabad
dineshkumarji.dks
37

As far I think Sundays or Weekly offs are not included for the calculation of 240 days. If these are included then why two definition have been given in Section 2a subsection 2 clause (a)(i) and (a)(ii) which reads as follows:
"(i) one hundred and ninety days, in the case of any 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"
In (i) there is no need to add this:
"or in an establishment which works for less than six days in a week."
It should have been omitted...
Regards
Dinesh Kumar

From India, New Delhi
makarand.k@ksk.co.in
In Gratuity Act 1972 it not mentioned the calculation of Gratuity on working days. Hence w.off, paid holidays are considered while calculating days
From India, New Delhi
fc.vadodara@nidrahotels.com
733

Dear Dineshkumar 190 days are calculated for any establishment who has 5 day working in a week instead of 6 day working in a week.
From India, Ahmadabad
Rajesh Kumar Dubey
65

Mr Dinesh & Saji,
From which sources you have defined 190 days as continuous services ; relevant to 05 days working in a week, Kindly confirm and mention the provisions also.
I am not getting it under ID Act or factory act
Pls Confirm.

From India
fc.vadodara@nidrahotels.com
733

Dear Mr. Dubey Kindly refer the Gratuity Act, instead of ID Act and Factory Act.
From India, Ahmadabad
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