Date of joining Organization: 19th December 2013
Last working day: 17th July 2018
About working days in week:
In my current organisation there are different weekly off groups. Groups are like following
1. Group A: 5 working days a week
2. Group B: 5.5 working days a week
3. Group C: 6 working days a week
In my whole tenure with this organisation have worked in ‘5 working days a week’ group.
However, organisation has declined for gratuity saying that organisation has 6 days working policy so I fall into section 2A (2)(a)(ii) of gratuity act so I am not eligible.
My argument is I fall into 2A(2)(a)(i) of gratuity act as I have been assigned to group A.
Following organisation policy/documents support my 5 days working argument,
1. Leave Policy
2. Daily Timesheet shows Saturday/Sunday as weekly off
Kindly advise.
From India, Thane
Last working day: 17th July 2018
About working days in week:
In my current organisation there are different weekly off groups. Groups are like following
1. Group A: 5 working days a week
2. Group B: 5.5 working days a week
3. Group C: 6 working days a week
In my whole tenure with this organisation have worked in ‘5 working days a week’ group.
However, organisation has declined for gratuity saying that organisation has 6 days working policy so I fall into section 2A (2)(a)(ii) of gratuity act so I am not eligible.
My argument is I fall into 2A(2)(a)(i) of gratuity act as I have been assigned to group A.
Following organisation policy/documents support my 5 days working argument,
1. Leave Policy
2. Daily Timesheet shows Saturday/Sunday as weekly off
Kindly advise.
From India, Thane
Whether it is 5 days/5.5 days/6 days working in a week does not matter so long as it is continuous service. Weekly off of one day or more is the employer's perogative and employee has no choice. For the reason that there were more than one day off per week cannot deprive an otherwise eligible employee of his gratuity entitlement. But are you completing eligibility otherwise, as it is 4 years and 7 months only !!!!
From India, Mumbai
1422From India, Mumbai
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf