Gratutiy applicablity on 4.6 years

Gorthi (Querist) 19 April 2014 This query is : Resolved
Dear All,

Please confirm on the following.

One of our employee leaving the organization and he has completed 4 years 189 days ( From date of joining to last working day).We works 5 days a week.

Now please confirm is he eligible for Gratuity? Will it make any difference in following cases

( 1)Employee works 4 years and 195 days

(2) Company works 6 days a week Regards

Regards

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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.