krishnakumar (analyst) 15 April 2012
Dear sir,
I joined my present company on 14 th May-2007 . This co has 5 day a week of work. If I do put down my papers on 8 th May-2012 , my last day at work would be around 29th June-2012 (have around a 2 months notice). Would I be eligible for gratuity then ? Am I already eligible (given the 4 years and 6 months rule)?
Really appreciate your time here.
Regards,
KK
H. S. Thukral (Lawyer) 15 April 2012
Yes. You are eligible for graatuity then. Official closed days, holidays and authorised leave form part of continuous working.
Manindra Singh (Chief Manager IR) 17 April 2012
It is interesting to note that every other person is talking about 4 years 240 days rule !!! Where is any such rule??
This is just an intrepretation. There is one judgment of Chennai High Court in favour, and rest all judgments against it. Thus, many employers are not following the intrepretation of Chennai High Court.
Yes, since you are monthly rated employee, paid holidays, weekly offs are considered in continuous service.
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