If an employee’s date of join is 01/06/2004 & resignation date is 31/05/2009 isn’t he eligible for getting gratuity
From India, Bhubaneswar
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From India, Bhubaneswar
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Dear,
According to the Payment of Gratuity Act, 1972, if an employee has completed five years of continuous service with an employer as per Section 2A of this Act, then they are entitled to receive gratuity payment from their employer. If the service of the employee is terminated due to misconduct, then gratuity will be payable, considering Section 4(6) of this Act.
Opinion submitted as requested.
Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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422According to the Payment of Gratuity Act, 1972, if an employee has completed five years of continuous service with an employer as per Section 2A of this Act, then they are entitled to receive gratuity payment from their employer. If the service of the employee is terminated due to misconduct, then gratuity will be payable, considering Section 4(6) of this Act.
Opinion submitted as requested.
Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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If the employee resigns the job and leave the place immediately. He asks to pay gratuity to his nominee. What is required to get authorization letter from him?
From India, Coimbatore
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From India, Coimbatore
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The government will bring an amendment to the gratuity Act by tabling a fresh bill in the current session of Parliament in the coming days and then the gratuity limit is extended to 10 lakhs
From India, New Delhi
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From India, New Delhi
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Dear Plz go through section 4 of the P G Act, 1972 for your query. With Regards, R.N.Khola
From India, Delhi
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From India, Delhi
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Hi Anitha,
Even though you started in May 2003, you can set up the gratuity trust. Every year, you need to determine the Actuarial Gratuity liability with the assistance of an approved Consulting Actuary and create a provision annually for the liability. You may consider LIC since they offer additional benefits under the Group Gratuity scheme.
Regards,
Pradeepan
Fin-Professional
From India, Raipur
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Even though you started in May 2003, you can set up the gratuity trust. Every year, you need to determine the Actuarial Gratuity liability with the assistance of an approved Consulting Actuary and create a provision annually for the liability. You may consider LIC since they offer additional benefits under the Group Gratuity scheme.
Regards,
Pradeepan
Fin-Professional
From India, Raipur
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I would like to know the procedure of forming a Gratuity Trust at our end (i.e., Company) with any Financial Institution, Bank, or LIC.
1. How to register the Gratuity Fund and where.
2. Is there any requirement to deposit Premium (Monthly/Yearly)?
3. Any format to form Gratuity Trust.
4. Where to submit the Trust Deed, etc.?
5. Is it mandatory to take insurance from LIC of India for the liabilities of the employees, even after managing the Gratuity Fund by the company (Please go through - Section 4A of Gratuity Act '1972)?
We have to pay the gratuity amount directly to employees or else where do we have to pay? Anyone can reply as soon as possible.
From India, Bangalore
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1. How to register the Gratuity Fund and where.
2. Is there any requirement to deposit Premium (Monthly/Yearly)?
3. Any format to form Gratuity Trust.
4. Where to submit the Trust Deed, etc.?
5. Is it mandatory to take insurance from LIC of India for the liabilities of the employees, even after managing the Gratuity Fund by the company (Please go through - Section 4A of Gratuity Act '1972)?
We have to pay the gratuity amount directly to employees or else where do we have to pay? Anyone can reply as soon as possible.
From India, Bangalore
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Could any one tell me about gratuity Act? How many returns should submit by employer?What will be period?
From India, Gurgaon
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From India, Gurgaon
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Dear Nikhil Gupta,
We are not required to send any return under this Act & Rules, but we are to send intimation in certain situations, e.g., we are to send intimation in Form 'A' (notice of opening) to the Controlling Authority under The P G Act of the area regarding the opening of the establishment within 30 days of the rules becoming applicable to the establishment. For more details, please go through your applicable Gratuity Rules. All the formats are provided under the Rules.
With Regards,
R.N.Khola
From India, Delhi
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We are not required to send any return under this Act & Rules, but we are to send intimation in certain situations, e.g., we are to send intimation in Form 'A' (notice of opening) to the Controlling Authority under The P G Act of the area regarding the opening of the establishment within 30 days of the rules becoming applicable to the establishment. For more details, please go through your applicable Gratuity Rules. All the formats are provided under the Rules.
With Regards,
R.N.Khola
From India, Delhi
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Dear All,
I want to know whether an autonomous/statutory body, which is established by an act of parliament (whose employees are bound to follow their own Employee Service Regulations), comes under the scanner of the Ministry of Labour Commission. Recently, an inspector visited our office and was asking for forms. We explained that we are regulated by our own gratuity fund and have our own Employee Service Regulations, which were notified in the gazette. However, he did not listen to us and went ahead to send a show-cause notice to us.
Please suggest/clarify the following:
1. Does a statutory body under another ministry come under the scrutiny of the Ministry of Labour?
2. Our employees are from different parts of the country; do we need to display the abstract in the local language?
3. Can our organization issue a notice questioning his authority to inspect our premises?
4. Does an organization set up/established by an act passed by the parliament need to submit Form A to the Controlling Authority? Because ours is an autonomous body under the Ministry of Finance.
5. Could you tell me the applicability of this act to organizations established by acts other than the Shops and Establishments Act?
Regards,
Sandy
From India, Villupuram
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I want to know whether an autonomous/statutory body, which is established by an act of parliament (whose employees are bound to follow their own Employee Service Regulations), comes under the scanner of the Ministry of Labour Commission. Recently, an inspector visited our office and was asking for forms. We explained that we are regulated by our own gratuity fund and have our own Employee Service Regulations, which were notified in the gazette. However, he did not listen to us and went ahead to send a show-cause notice to us.
Please suggest/clarify the following:
1. Does a statutory body under another ministry come under the scrutiny of the Ministry of Labour?
2. Our employees are from different parts of the country; do we need to display the abstract in the local language?
3. Can our organization issue a notice questioning his authority to inspect our premises?
4. Does an organization set up/established by an act passed by the parliament need to submit Form A to the Controlling Authority? Because ours is an autonomous body under the Ministry of Finance.
5. Could you tell me the applicability of this act to organizations established by acts other than the Shops and Establishments Act?
Regards,
Sandy
From India, Villupuram
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Gratuity Act-Teachers-Ma dhya Pradesh.docx