Kumar Doab
(Expert) 19 April 2014
Payment of Gratuity Act 1972: Sec:2A;(1), (2) (a) (i)(ii) (b) (i) (ii), 4:(5) Generically speaking as conceived by you, he is falling short by jut one day. However if you count 1y from DOJ and include extra days of leap year he would qualify. It is a social security benefit and at the time of leaving employer and HR should not be a miser. The employee must have worked on off days/holidays/regular days over and above working hours (8hrs/day) without OT, participated in CSR activities, campaigns, other activities. The employer and payroll and HR is duty bound to record OT and pay OT with wages on usual pay day! Then why to show the narrow-mindedness at the time of separation. The employer can pay Gratuity even if employee does not qualify. 190/240 days in 5th year would include off days/holidays/approved leave…………………….etc.
Guest
(Expert) 20 April 2014
Does not seem to be yours or your company's problem. It is merely an academic query of a student.
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