Gratuity
shailesh pandey
(Querist) 06 May 2014
This query is : Resolved
Dear Sirs,
Five years is must for gratuity. For Instance a worker is completed 6 years but only three years he could complete 240 days,remaining two years he did not complete 240 days. whether he is eligible for gratuity ?. kindly advice.For your information a worker has confirmed. He completed 6 years but due to his father expired & after on more family member died he could't complete 240 days in both years.i.e. only 4 years he completed 240 days. whether he is eligible for Gratuity or not.
regards
shailesh
Kumar Doab
(Expert) 06 May 2014
The question arises is that :::: Why the employee was not able to complete 240 or 190 days in some years::: Due to employer e.g:: NO work/projects in the company, seasonal work etc……………….or some other reason????????
If employee is not able to work for 240 or 190 days/year due to employer then he is not at fault and is not absent…………………..implying he was otherwise actually employed!!!!
Employee shall satisfy the condition of continuous service in each year ‘if cessation of work is not due to any fault of the employee’!
The employee has completed 6Y in service so he/she is eligible for the payment of Gratuity.
The employee satisfies Sec; 2A(1).................
Sec: 2A (2) shall come into play after Sec;2A(1).....................
Employer can award Gratuity even if employee does not qualify: Sec:4(5).
The Payment of Gratuity Act 1972 is a social security enactment and authorities under the Act , courts of law (if the matter is presented before authority, court) have been taking stances favorable to employee.
