Hello,
My friend joined a company 6 years back with no points of gratuity in his CTC . Is he still eligible when he leaves ? .
If company refuses to pay , what are the option available in that case.
Regards

From India, New Delhi
Anonymous
8

He is very much entitled for gratuity. Once he seperates from the company, on his last wirking day, he needs to fill up the relevant form as per the payment of gratuity act and submit the same and they will have to release the gratuity within 30 days. The company cannot refuse and if they do so, he can submit the application through the relevan statutory authority and they will ensure compliance.
From Indonesia, Jakarta
If there are more than 10 employees in the company, then gratuity is payable to employee after cessation of employment provided that the employee has at least worked continuously for five years or more.
From India, Kolkata
What is Date of Joining & Date of Leaving of your friend. If your friend had joined on 1st Dec.2011 and left on 31st January, 2016 that is not 6 years. As informed by Mr. Ritesh Maity he has to put continuous service of 5 yrs.
Please be specify while submitting query inorder to get proper guidance/advise.
Suresh

From India, Thane
Thanks Mr. Suresh,
He has already completed 6 years of continuous service. The only clause that needed clarification was the eligibility , since gratuity part was not mentioned in his CTC .
Thanks everyone , appreciate the help.
Regards

From India, New Delhi
Even if there is no clause in your ctc, still you are entitled to gratuity as per the Act.
From India, Kolkata
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