I have a situation in my company in Pakistan, could you guys plz help me out from this situation.
Is there any rule of 50% - gratuity and also laps service as 50% period & further if same employee apply again for gratuity during his continued service, he may be paid full gratuity suppose till to-date but his service will not be reduced.
Could you guys help me to sort this problem.
Regards,
Kashan
From Pakistan
Is there any rule of 50% - gratuity and also laps service as 50% period & further if same employee apply again for gratuity during his continued service, he may be paid full gratuity suppose till to-date but his service will not be reduced.
Could you guys help me to sort this problem.
Regards,
Kashan
From Pakistan
Dear Kashan ji, In Pakistan, you are governed by Laws formulated by Govt. Of Pakistan. I don’t feel this forum will through light on Pakistani Law.
From India, Mumbai
2556From India, Mumbai
Dear Keshav, You are requested to please tell as your’s, what is your practice is there any possibility? Regards, Kashan
From Pakistan
From Pakistan
Dear Kashan,
I support the views of my senior colleague Sh Keshav Korgaonkar that the solution to your problem lies in the labour laws governed by labour regulations formulated by Govt. of Pakistan. Since you have expressed your anxiety to know the practice in this country, which I am sure will not be helpful in your case. However I am mentioning the salient feafures of payment of gratuity including the forfeiture clauses contained in the Payment of Gratuity Act,1972.
Section 4 of the Payment of Gratuity Act,1972 stipulates that gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than FIVE years (a) on his superannuation, or (b) on his retirement or resignation,or (c) on his death or disablement due to accident or disease. Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
The gratuity of an employee can be forfeited wholly or partially on the following grounds;-
(a) whose service has been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, gratuity shall be forfeited to extent of damage or loss caused.(b) where the services of an employee have been terminated (i) For riotous and disorderly conduct or any other act of violence on his part, or (ii) For any act which constitutes an offence involving moral turpitude provided that such offence is committed by him in the course of his employment.
Now you can draw your own conclusion regarding the possibility as you have enquired in your subsequent postingl.
BS Kalsi
From India, Mumbai
I support the views of my senior colleague Sh Keshav Korgaonkar that the solution to your problem lies in the labour laws governed by labour regulations formulated by Govt. of Pakistan. Since you have expressed your anxiety to know the practice in this country, which I am sure will not be helpful in your case. However I am mentioning the salient feafures of payment of gratuity including the forfeiture clauses contained in the Payment of Gratuity Act,1972.
Section 4 of the Payment of Gratuity Act,1972 stipulates that gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than FIVE years (a) on his superannuation, or (b) on his retirement or resignation,or (c) on his death or disablement due to accident or disease. Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
The gratuity of an employee can be forfeited wholly or partially on the following grounds;-
(a) whose service has been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, gratuity shall be forfeited to extent of damage or loss caused.(b) where the services of an employee have been terminated (i) For riotous and disorderly conduct or any other act of violence on his part, or (ii) For any act which constitutes an offence involving moral turpitude provided that such offence is committed by him in the course of his employment.
Now you can draw your own conclusion regarding the possibility as you have enquired in your subsequent postingl.
BS Kalsi
From India, Mumbai
Dear Mr. Gul, kindly note that every country has different laws governing the people of that country, but since Pakistan is also on world map for their different achievements, you can highlight your problems at ILO ( International Labour Organisation) and get your grievances heard. In India you can maximum get how the labour Laws & reforms are being formulated from time to time, as you must be knowing that in both the countries i.e. India and Pakistan were acquired freedom on 14 & 15th August, 1947 from British Rule, but the constitutional experts none other than the Bar Council who had studied and acquitted knowledge under British Rule only and they formulated rules accordingly.
From India, New Delhi
From India, New Delhi
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AP Compulsory Gratuity Insurance Rule 2011- Notification.pd f