90,000+ Legal Questions Answered
Gratuity Act, section 2A
6 years ago
As per Section 2A of Gratuity Act (Continuous Service), an employee is eligible for gratuity if he has completed:
(i) 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
(ii) two hundred and forty days, in any other case;
Most of the IT companies today have a 5 day working culture. Does this mean that gratuity can be paid before completion of 5 years as well? Specific to IT, after 190 days or continuous working?
Deepak Yashwantrao Bade
Responded 5 years ago
A.dear client in your matter i agreed on advice of There is no specific rules for IT companies. You have already written the section 2A of The Payment of Gratuity Act 1972 that is the "Continuous Service" and it is applicable to the whole of India.
Helpful
Helpful
Share
A.Dear Vikas, There is no specific rules for IT companies. You have already written the section 2A of The Payment of Gratuity Act 1972 that is the "Continuous Service" and it is applicable to the whole of India.
Helpful
Helpful
Share
Ambrose Leo
Responded 6 years ago
A.Under the Payment Of Gratuity Act 1972 it is continuous service of not less than 5 years and completed year of service of 240 days in a year. There is no provision in the act for specific to IT.
Helpful
Helpful
Share
Read Related Answers
layoff as BU is closing
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Termination
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location