Continuous service under the Code deems certain interruptions and sets minimum worked-day thresholds for continuity and gratuity eligibility. An employee is in continuous service if uninterrupted service exists, with interruptions for sickness, authorised leave, lay-off, strike, lock-out or cessation not due to the employee not breaking continuity. If continuity is absent (non-seasonal establishments), deemed continuity applies for one-year or six-month periods where the employee actually worked prescribed minimum days in the preceding twelve- or six-month reference period. The days actually worked include agreed or statutory lay-off, full-wage earned leave from the previous year, temporary disablement from employment accidents, and maternity leave up to twenty-six weeks. For seasonal establishments, continuity is met if the employee worked at least 75% of operation days.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Continuous service under the Code deems certain interruptions and sets minimum worked-day thresholds for continuity and gratuity eligibility.
An employee is in continuous service if uninterrupted service exists, with interruptions for sickness, authorised leave, lay-off, strike, lock-out or cessation not due to the employee not breaking continuity. If continuity is absent (non-seasonal establishments), deemed continuity applies for one-year or six-month periods where the employee actually worked prescribed minimum days in the preceding twelve- or six-month reference period. The days actually worked include agreed or statutory lay-off, full-wage earned leave from the previous year, temporary disablement from employment accidents, and maternity leave up to twenty-six weeks. For seasonal establishments, continuity is met if the employee worked at least 75% of operation days.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.