Dear Seniors,
Greetings of the day.
If a person is absonding for 2-3 yrs. and we have closed his file just now after sending a termination notice to him, I want to know that should we claim for his gratuity from LIC now or should we wait till he asks for gratuity. Actually, we do not know his whereabouts.
And if we do not ask for it now, can we claim it later on?????
Anticipating an early reponse.
Thanx n rgds,
Jyoti Negi
From India, Delhi
2Greetings of the day.
If a person is absonding for 2-3 yrs. and we have closed his file just now after sending a termination notice to him, I want to know that should we claim for his gratuity from LIC now or should we wait till he asks for gratuity. Actually, we do not know his whereabouts.
And if we do not ask for it now, can we claim it later on?????
Anticipating an early reponse.
Thanx n rgds,
Jyoti Negi
From India, Delhi
Dear Jyoti,
Gratuity is the monetary benefit that is given to an employee on his retirement, resignation after rendering continuous service for 5 years or due to death (In case of death 5 years condition doesn't arise).
If the employee is absconding since past 2-3 years and you have terminated him then your company NEEDNOT PAY any Gratuity to him!!!
Now, does ur company have own fund?
Under the Act, if your company has more then 500 employees then you can maintain your own fund duly following the rules mentioned in the Act (regarding contribution from employer, trustees, safe custody of money, depositing as per rules etc...).
If you have your own fund then why should u claim ur own money!!!!!!!
The money in that case will be adjusted and will be paid to the person (next) claiming for Gratuity.
SO U NEEDNOT CLAIM ANYTHING!
If still doubt is there, pls write back.
Regards,
Santosh
Gratuity is the monetary benefit that is given to an employee on his retirement, resignation after rendering continuous service for 5 years or due to death (In case of death 5 years condition doesn't arise).
If the employee is absconding since past 2-3 years and you have terminated him then your company NEEDNOT PAY any Gratuity to him!!!
Now, does ur company have own fund?
Under the Act, if your company has more then 500 employees then you can maintain your own fund duly following the rules mentioned in the Act (regarding contribution from employer, trustees, safe custody of money, depositing as per rules etc...).
If you have your own fund then why should u claim ur own money!!!!!!!
The money in that case will be adjusted and will be paid to the person (next) claiming for Gratuity.
SO U NEEDNOT CLAIM ANYTHING!
If still doubt is there, pls write back.
Regards,
Santosh
Dear Santosh,
Thanx for your prompt and valuable response. But here I would like to clarify that the person who was absconding had already served for more than 5 yrs. and was entitled for gratuity. At present, he might be out of India and thus may ask for gratuity on return.
Further, we are not maintaing our own gratuity trust. We have taken a policy from LIC and forward the person's details on his resignation/termination, if entitled for gratuity. Even though its our own money, but LIC is maintaining it and thats why I would like to know that can we ask for it anytime as we do not know when the person will ask for it.
I hope I would have clarified you of my doubt.
rgds,
Jyoti Negi
From India, Delhi
Thanx for your prompt and valuable response. But here I would like to clarify that the person who was absconding had already served for more than 5 yrs. and was entitled for gratuity. At present, he might be out of India and thus may ask for gratuity on return.
Further, we are not maintaing our own gratuity trust. We have taken a policy from LIC and forward the person's details on his resignation/termination, if entitled for gratuity. Even though its our own money, but LIC is maintaining it and thats why I would like to know that can we ask for it anytime as we do not know when the person will ask for it.
I hope I would have clarified you of my doubt.
rgds,
Jyoti Negi
From India, Delhi
Dear Santosh
You have qouted "If the employee is absconding since past 2-3 years and you have terminated him then your company NEEDNOT PAY any Gratuity to him!!!"
But whether this is as per Gratutity act, to my knowledge if the particular staff has completed 5 years of his service then he should be receiving his dues no matter even if he is terminated or asbconded.
I am not fully aware of the act , please guide.
Pranesh
From India, New Delhi
You have qouted "If the employee is absconding since past 2-3 years and you have terminated him then your company NEEDNOT PAY any Gratuity to him!!!"
But whether this is as per Gratutity act, to my knowledge if the particular staff has completed 5 years of his service then he should be receiving his dues no matter even if he is terminated or asbconded.
I am not fully aware of the act , please guide.
Pranesh
From India, New Delhi
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FORM-F-NOMINATI ON OF GRATUITY.pdf