My suggestion to all the young HR professional is to refer to the books of statutes in the first place and only in cases where clarity is required queries may be posted.
The relevant provision of the Act is very clear. Section 4 of the Act reqiures an employee to render service of not less than 5 years.
Section 2A of the Act defines the term ' Continuous Service'. Each year has to be a continuous service of one year not only the fifth one in order to qualify for gratuity.
The concept of having put in 240 days of actually worked under the employer is relevant. whether it is in less than 12 calender months or lesser number of months.Therefore, if you have actually worked for 240 days in first four years,as contained in the section 2A( interruptions as allowed) and also in the fifth year even if not in employment for full twelve calender months, you are eligible for gratuity.
From India, Pune
38The relevant provision of the Act is very clear. Section 4 of the Act reqiures an employee to render service of not less than 5 years.
Section 2A of the Act defines the term ' Continuous Service'. Each year has to be a continuous service of one year not only the fifth one in order to qualify for gratuity.
The concept of having put in 240 days of actually worked under the employer is relevant. whether it is in less than 12 calender months or lesser number of months.Therefore, if you have actually worked for 240 days in first four years,as contained in the section 2A( interruptions as allowed) and also in the fifth year even if not in employment for full twelve calender months, you are eligible for gratuity.
From India, Pune
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