one of our employee had taken VRS in indian Navy and joined in 2005. His date of birth is 10/2/1947. he had served upto 31/3/14. Is he eligible for gratuity. As per our company policy retirement age is 60 years.
From India, Kakinada
From India, Kakinada
604
Dear Mr. Rao,
Please refer to the Payment of Gratuity Act for the exact comprehension of the act.
As per the act an Employee is eligible for receiving gratuity only if he is separated from the organisation and prior to his separation he has been in continuous service with the same organisation for not less than 5 years.
Therefore, the criteria of retirement or otherwise is immaterial. But completion of 5 years and separation thereafter is important.
Trust you will get your answer as above.
Regards,
Sidhesh Bandodkar.
From India, Panaji
Please refer to the Payment of Gratuity Act for the exact comprehension of the act.
As per the act an Employee is eligible for receiving gratuity only if he is separated from the organisation and prior to his separation he has been in continuous service with the same organisation for not less than 5 years.
Therefore, the criteria of retirement or otherwise is immaterial. But completion of 5 years and separation thereafter is important.
Trust you will get your answer as above.
Regards,
Sidhesh Bandodkar.
From India, Panaji
Dear Friend,
The concerned employee has served for more than 5 years on continuous basis and as such he is eligible for Gratuity under the Gratuity Act. The payment of Gratuity is no way connected with retirement age.
I am in agreement with the views given by other colleagues in this regard.
Sibabrata Majumdar
Management Consultant - Legal & HR
Kolkata, Mb:9830023706
From India, Calcutta
The concerned employee has served for more than 5 years on continuous basis and as such he is eligible for Gratuity under the Gratuity Act. The payment of Gratuity is no way connected with retirement age.
I am in agreement with the views given by other colleagues in this regard.
Sibabrata Majumdar
Management Consultant - Legal & HR
Kolkata, Mb:9830023706
From India, Calcutta
Apart from what seniors has advised you with regards to Gratuity, I could not understand your query, you say as per company policy retirement age is 60 years so the employee is supposed to retire in Feb 2007 as his DOB is 10/2/1947, instead you say that the employee had served your company upto 31/3/14 which is yet to come and as per the calculation he has worked more than 7 years after his/her retirement age i.e. 67 years.
From India, Ahmadabad
From India, Ahmadabad
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc