Dear Professionals,
Greetings of the day.
Query regarding Gratuity: One employee is eligible for gratuity, but without information, the employee absconded (not able to trace out). Consequently, we are unable to proceed with the Full and Final (F&F) settlement. According to the Gratuity Act, the employer is mandated to arrange the payment of gratuity within thirty days from the date it becomes payable to the entitled person.
Could you please suggest the procedure to be followed as per the Act? Is there any provision to retain this amount within the organization?
From India, Bangalore
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Greetings of the day.
Query regarding Gratuity: One employee is eligible for gratuity, but without information, the employee absconded (not able to trace out). Consequently, we are unable to proceed with the Full and Final (F&F) settlement. According to the Gratuity Act, the employer is mandated to arrange the payment of gratuity within thirty days from the date it becomes payable to the entitled person.
Could you please suggest the procedure to be followed as per the Act? Is there any provision to retain this amount within the organization?
From India, Bangalore
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You may take action and deposit the amount with the Controlling Authority under the Gratuity Act.
Refer to this discussion: https://www.citehr.com/628892-paymen...ml#post2465375
From India, Madras
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302Refer to this discussion: https://www.citehr.com/628892-paymen...ml#post2465375
From India, Madras
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Gratuity -
Before we draw the gratuity payment criteria for absconded employees, we should clarify whether an absconded employee is eligible for it or not.
According to the Payment of Gratuity Act (1972), the Gratuity rules clearly mention that if an employee has completed more than 5 years of continuous service, he is eligible for both gratuity and leave encashment.
EMPLOYEE'S RIGHT TO GRATUITY
The Gratuity Act identifies the right of an employee to claim gratuity, leaving no discretion for an employer to delay payment of gratuity dues to an employee. It must be mandatorily paid. The Act involves the concerned employer. Any negligence in paying gratuity dues is punishable by imprisonment for not less than six (6) months, extendable up to two (2) years.
In short, there might be a few exceptional cases, but the Act provides no provision to retain the gratuity amount within the organization.
From India, Noida
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Before we draw the gratuity payment criteria for absconded employees, we should clarify whether an absconded employee is eligible for it or not.
According to the Payment of Gratuity Act (1972), the Gratuity rules clearly mention that if an employee has completed more than 5 years of continuous service, he is eligible for both gratuity and leave encashment.
EMPLOYEE'S RIGHT TO GRATUITY
The Gratuity Act identifies the right of an employee to claim gratuity, leaving no discretion for an employer to delay payment of gratuity dues to an employee. It must be mandatorily paid. The Act involves the concerned employer. Any negligence in paying gratuity dues is punishable by imprisonment for not less than six (6) months, extendable up to two (2) years.
In short, there might be a few exceptional cases, but the Act provides no provision to retain the gratuity amount within the organization.
From India, Noida
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc