One of the PSU employees has worked for 4 years, 10 months, and 20 days, i.e., less than 5 years but more than 240 days in the said year. Is he eligible for gratuity under the Payment of Gratuity Central Rules under the concept of continuous service? If not, what are the reasons thereof.
From India, Kolkata
From India, Kolkata
The continuous service of 4 years and 10 months suffices to fulfil the eligibility criteria of five year service.
From India, Mumbai
From India, Mumbai
But 5 years continued service would need to be completed out of which if 10 months is completed in 5th year,you will be entitled to get gratuity.
From India, Pune
From India, Pune
Dear Ashis,
As per your post and act, the employee is not eligible as he has not completed 5 years of service. Since gratuity is a statutory benefit paid to the employees, it can be considered under the welfare measure by the interpretation given by some courts. Since it is a PSU, please be cautious before doing so and take necessary approval from the authority.
From India, Mumbai
As per your post and act, the employee is not eligible as he has not completed 5 years of service. Since gratuity is a statutory benefit paid to the employees, it can be considered under the welfare measure by the interpretation given by some courts. Since it is a PSU, please be cautious before doing so and take necessary approval from the authority.
From India, Mumbai
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