Hi Please advise if a staff is terminated due to long absenteeism but he has completed more than 5 years of work in an organization. He will be eligible for Gratuity or not. Vinutha
From India, Bengaluru
From India, Bengaluru
Yes as per company norm candidate get gratuity if, he/She completed 5 years from joining date.
From India, Bhubaneswar
1From India, Bhubaneswar
Provisions of gratuity act dealing with such cases
Sec 2A continuous service
Section: 2A
Continuous service.
For the purposes of this Act, -
(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 [***]
treating the absence as break in service has been passed in accordance with
the standing order, rules or regulations governing the employees of the
establishment), lay off, strike or a lock-out or 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.
Was his absenteeism a matter of punishment resulting in break in service?
From India, Pune
Sec 2A continuous service
Section: 2A
Continuous service.
For the purposes of this Act, -
(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 [***]
treating the absence as break in service has been passed in accordance with
the standing order, rules or regulations governing the employees of the
establishment), lay off, strike or a lock-out or 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.
Was his absenteeism a matter of punishment resulting in break in service?
From India, Pune
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx