PART IX: AFTER SERVICE BENEFITS 60. Calculation of the gratuity (1) Subject to the provision of the Social Insurance Act 1990 or any other beneficial scheme, the worker who completed a period of not less than three years of continuous service shall be entitled to a gratuity for the period of his service to be calculated as follows: (a) If he has completed a period of not less than three years, and not more than ten years he is entitled to one month’s basic salary in respect of each year of service; (b) If he has completed more than ten years, he shall be entitled to one month and half of the basic salary and if he has completed more than fifteen years, he shall be entitled to one and three quarters of a month’s basic salary in respect of each additional year of service; provided that the gratuity shall not exceed thirty six months’ basic salary. (2) The gratuities are calculated on the last month’s basic salary (3) The gratuity of the production worker shall be calculated on the average of the actual income during the last three years. 61. Termination of Contract of Service by the worker The worker who has completed a period of not less than three years of continuous service, and terminates the contract of service under section 57 shall be entitled to a gratuity calculated as follows:(a) If he has not completed five years he shall be entitled to the quarter of the gratuity; (b) If he has completed five years but less than fifteen years he shall be entitled to half the gratuity; (c) If he has completed fifteen years but less than twenty years in continuous service, he shall be entitled to the three quarters of the gratuity; (d) If he has completed twenty years or more he shall be entitled to the full gratuity. (5) “Gratuity” in this section means the gratuity entitled under the provision of section 60. 62. Gratuity of the Seasonal Worker (1) Every worker doing each year a seasonal work for a period of not less than three months shall be entitled to a gratuity if the total of the days of the actual service with the same employer is not less than three years. (2) The gratuity is calculated according to the provisions of section 60 taking into consideration that the season is a complete year. (3) For the purposes of this section, the monthly salary shall be calculated on the basis of the actual income from the same employer during the last three years divided by thirty-six months. (4) The provision of this section shall be applied to the first season after the commencement of this Act. 63. Additional of the period of the previous service The employer may, at the request of the worker who is re-appointed, add the previous service of that worker to his succeeding service and shall be considered continuous service if the worker refunded the gratuity which he had received at the end of his first service, or he has agreed with the employer on manner of refunding the gratuity without satisfying his obligation to refund the same. PART VIII: MISCELLANEOUS PROVISIONS 64. Work Regulations and Penalties (1) Every employer shall make basic regulations and penalty regulations to be fixed in a conspicuous place in the place of work; provided that the basic work regulations shall include at least the hours of work and its time. (2) The employer shall deposit the basic work regulations with the Commissioner. The penalty regulations shall not be valid unless the Minister approves them. 20

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