Under the payment of Gratuity Act, 1972 the gratuity has to be paid by the Employer after an application has been made by the employee in Form I, within 30 days from the date the gratuity became payable. Now my question is that what is the liability of the Employer in the event the application has not been made by the Employee. Is the Employer he still liable to make the payment (gratuity) or thereis any other provisions regarding the same?
From India, Calcutta
From India, Calcutta
Even if application is not made, Employer is liable to pay Gratuity amount failing which interest has to be calculated on the delayed payment.
From India, Tiruchchirappalli
18From India, Tiruchchirappalli
To add what has been put in by kuamresank, it is the responsibility of the employer to find the left employee and pay gratuity within 30 days, failing which he should deposit the gratuity amount with District Labour Officer or such Officer authorised as the Appropriate Authority under the Act.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Hi There, In that case also liability goes with employer and employer needs to ask an employee to make him aware of this procedure. Regards, Mona
From India, Mumbai
From India, Mumbai
Dear all If the application is not made by the employee. the employer resposibilities to ask the procedure to all the employee.
From India, Patna
From India, Patna
Dear all If the application is not made by the employee. the employer resposibilities to ask the procedure to all the employee. Reetesh Kumar Singh HR Executive
From India, Patna
From India, Patna
Dear Mr.Reetesh/Ms.Madhu,
some employers are taking gratuity in CTC(as 4.81 %)it's correct and if its correct then after resignation comes from any employee can employer give the gratuity to him.(because gratuity claim after completing the 5 years)
Kindly update.
Regards,
Sameer
From India, Daman
some employers are taking gratuity in CTC(as 4.81 %)it's correct and if its correct then after resignation comes from any employee can employer give the gratuity to him.(because gratuity claim after completing the 5 years)
Kindly update.
Regards,
Sameer
From India, Daman
Deducting gratuity from the remuneration offered by whatever term it is called) is illegal and if an employer does so he is liable to refund it even if the employee has not completed 5 years of service. Please go through the following link also.
Madhu.T.K: CTC Vs BTC
Regards,
Madhu.T.K
From India, Kannur
Madhu.T.K: CTC Vs BTC
Regards,
Madhu.T.K
From India, Kannur
Hi all,
I want to confirm that if a employee does something worng, and organisation has to file a case against him in corut.
Can organisation deduct or hold the gratuity of the emploer or can deduct the exp. of the court case.
Thx
From India, Mumbai
I want to confirm that if a employee does something worng, and organisation has to file a case against him in corut.
Can organisation deduct or hold the gratuity of the emploer or can deduct the exp. of the court case.
Thx
From India, Mumbai
Gratuity can not be withheld if an employee does 'some thing wrong' but at the same time the employer can hold the gratuity if the employee has been dismissed from service for an offence involving willful omission or negligence causing damage to property of the company or violent or riotous act or offence involving moral turpitude during the course of employment. This has been provided in section 4(6) of the Payment of Gratuity Act which is very strict in interpretation and a minor act of violence or imoralilty may not be sufficient to forfeit gratuity.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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