Dear Sir
With reference to Clause (2) of Payment of Gratuity Act 1972 - Please provide me a clarification whether the employee has to be "employed for 12 Calendar months in his 5th year of Service" while it is suffice to work for 190 days in that last 12 months, if the organization works less than 6 days in a week?
Does this clause mean effectively I have to be 'employed' for 60 months (& in the last year I should have worked for a minimum of 190 days)
(Or) If I have worked for 4 years and 252 days it will be suffice to be eligible for Gratuity?
As advised in this forum, I have sent FORM - I (scanned copy) to my former employer by email and awaiting their response.
Kindly clarify to enable me to take further course of action
Ram Chennai
The Payment of Gratuity Act, 1972 CLAUSE (2)
Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer- for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than-
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week;
(ii) two hundred and forty days, in any other case:
