Dear All, I have some problem in my company one retired employee complete his five years in any organisation he eligible for gratuity. Regards, AJEET SINGH
From India
3From India
Dear Ajeet ji, Why you have doubt in it? Five years completed, he is eligible. Please refer various postings in this subject including of mine.
From India, Mumbai
From India, Mumbai
Dear all, If employee terminated after 5 years of completion due to some reason, is he eligible for gratuity? Please help...
From India, Ahmedabad
From India, Ahmedabad
Hello,
1. If any person completes 5 years service in the organisation, he is eligible for gratuity as per Gratuity Act.
2. If an employee is terminated after completing 5 years of service, whether he is eligible for gratuity or not. To Answer this, this depend on the reason for which his/her services is terminated. If the person has put the organisation on financial loss due to fraud committed by him/her, the employee may not be eligible for gratuity. For other reasons say bad leave record, mis-conduct etc. - yes the employee is eligible for payment of gratuity.
Regards
From India, Mumbai
1. If any person completes 5 years service in the organisation, he is eligible for gratuity as per Gratuity Act.
2. If an employee is terminated after completing 5 years of service, whether he is eligible for gratuity or not. To Answer this, this depend on the reason for which his/her services is terminated. If the person has put the organisation on financial loss due to fraud committed by him/her, the employee may not be eligible for gratuity. For other reasons say bad leave record, mis-conduct etc. - yes the employee is eligible for payment of gratuity.
Regards
From India, Mumbai
Dear Ajeet Singh ji,
If an employee completed a period of 5 years of service, he is definitely eligible for gratuity but if his services are terminated due to the reasons mentioned in sub -section (6) of Section 4 of the payment of Gratuity Act,1972, you can deny him partial or full amount of gratuity.The condition is that you should follow proper procedure for termination of the services of the individual.The same has also been explained by my member colleague Sh.Ajeet Kumar.
BS Kalsi
Member since Aug 2011
From India, Mumbai
If an employee completed a period of 5 years of service, he is definitely eligible for gratuity but if his services are terminated due to the reasons mentioned in sub -section (6) of Section 4 of the payment of Gratuity Act,1972, you can deny him partial or full amount of gratuity.The condition is that you should follow proper procedure for termination of the services of the individual.The same has also been explained by my member colleague Sh.Ajeet Kumar.
BS Kalsi
Member since Aug 2011
From India, Mumbai
If any employee complete age 58 years & as per group gratuity lic agreement he was entitle gratuity up to age 58 years but management continue his service in company.
So kindly advice that every complete year after 58 yrs he was entitle for gratuity ?
From India, Jaipur
So kindly advice that every complete year after 58 yrs he was entitle for gratuity ?
From India, Jaipur
Dear Ajeet ji,
While endorsing Ajeetvarma50 and BS Kalsi, I would like to add to them as under:
Gratuity is a statutory right. You should give an opportunity to the employee to be heard why his gratuity should not be forfeited.
In the matter D.V. Kapoor v. Union of India AIR 1990 SUPREME COURT 1923, the appellant was not charged with nor was given an opportunity that his gratuity would be withheld as a measure of punishment. No provision of law has been brought to the notice under which, the. President is empowered to withhold gratuity as well, after his retirement as a measure of punishment. Therefore, it is held that the order to withhold the gratuity as a measure of penalty is obviously illegal and is devoid of jurisdiction.
I am also reproducing the section 4 (6) (1) verbatim for ready reference of viewers as under:
(a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee shall be wholly forfeited,-
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
From India, Mumbai
While endorsing Ajeetvarma50 and BS Kalsi, I would like to add to them as under:
Gratuity is a statutory right. You should give an opportunity to the employee to be heard why his gratuity should not be forfeited.
In the matter D.V. Kapoor v. Union of India AIR 1990 SUPREME COURT 1923, the appellant was not charged with nor was given an opportunity that his gratuity would be withheld as a measure of punishment. No provision of law has been brought to the notice under which, the. President is empowered to withhold gratuity as well, after his retirement as a measure of punishment. Therefore, it is held that the order to withhold the gratuity as a measure of penalty is obviously illegal and is devoid of jurisdiction.
I am also reproducing the section 4 (6) (1) verbatim for ready reference of viewers as under:
(a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee shall be wholly forfeited,-
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
From India, Mumbai
Hi,
under Payment of Gratuity Act, 1972 "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continues service not less than 5 years, on superannuation, retriement, resignation, death, disabliment due to accident or disease. Continuance service of 5 service shall not be necessary where the termination of the employment is due to death or disablement."
Srinivas
From India, Hyderabad
under Payment of Gratuity Act, 1972 "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continues service not less than 5 years, on superannuation, retriement, resignation, death, disabliment due to accident or disease. Continuance service of 5 service shall not be necessary where the termination of the employment is due to death or disablement."
Srinivas
From India, Hyderabad
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