gratuity basic condition

hello, basic condition is > 5 Years Continuous Service To be eligible for gratuity, you must complete 5 years continuous service. 6 months of a year can be counted as one year. If you have completed 4 years and 7 months in service, you will get the gratuity. Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted.

Hiiiiiiii Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act. Where an employee is not in continuous service for any period of one year or six months, he shall be deemed to be in continuous service under the employer: •if for the said period of one year he has worked for 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 and two hundred and forty days in any other case; •if for the said period of six months has actually worked under the employer for not less than ninety-five 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 and one hundred and twenty days, in any other case; •The number of days on which an employee has actually worked under an employer shall include the days on which: a.he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 or under the Industrial Disputes Act, 1947 or under any other law applicab1c to the establishment; b.he has been on leave with full wages earned in the previous year; c.he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and d.in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. •In case of employees in seasonal establishments he shall be deemed to be in continuous service for any period of one year or six months if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.

Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. An employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service and includes service which may be interrupted on account of sickness, accident, leave, absence from duty without leave, lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act. Where an employee is not in continuous service for any period of one year or six months, he shall be deemed to be in continuous service under the employer: •if for the said period of one year he has worked for 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 and two hundred and forty days in any other case; •if for the said period of six months has actually worked under the employer for not less than ninety-five 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 and one hundred and twenty days, in any other case; •The number of days on which an employee has actually worked under an employer shall include the days on which: a.he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 or under the Industrial Disputes Act, 1947 or under any other law applicab1c to the establishment; b.he has been on leave with full wages earned in the previous year; c.he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and d.in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. •In case of employees in seasonal establishments he shall be deemed to be in continuous service for any period of one year or six months if he has actually worked for not less than seventy-five per cent of the number of days on which the establishment was in operation during such period.