What rules say on -
LOP days will not be counted for the purpose of gratuity?
For LOP leaves taken for medical reasons and leave taken for marriage as break in service and denied gratuity payment.
2 Likes
Nope you cannot do that in real time. As there are no such clauses. If a company does this on it’s own, then we can easily question the same.
Considering all these parameters the formula for Gratuity is framed.
1 Like
It will be illegal on the part of your employer, if employer treats the leave due to medical reasons and leave availed for marriage as break in service and denies gratuity payment.
Section: 2A of Gratuity Act which Defines Continuous service is -
For the purposes of this Act, -
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), 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
2 Likes