Dear Sir /Madam,
The query is a proprietorship firm is not registered with Gratuity hence not paid so far to any of his retired /resigned employee even then they have served more than 5 years.Basically no body even claimed since they didn\'t know their eligibility. Now one employee retired after serving the company 17 years and claimed gratuity. Question is whether the employee is eligible for gratuity and if the answer is yes then who will pay and how he will be paid since the employer is not registered. Can those employee claim for the same who all have left may be an year back.
Thanks & regards
From India, Kolkata
9The query is a proprietorship firm is not registered with Gratuity hence not paid so far to any of his retired /resigned employee even then they have served more than 5 years.Basically no body even claimed since they didn\'t know their eligibility. Now one employee retired after serving the company 17 years and claimed gratuity. Question is whether the employee is eligible for gratuity and if the answer is yes then who will pay and how he will be paid since the employer is not registered. Can those employee claim for the same who all have left may be an year back.
Thanks & regards
From India, Kolkata
There is no question of registration, since there s no authority where you have to register. The employer will have to pay. If the past employees claim, they will also have to be paid by the employer.
From Indonesia, Jakarta
From Indonesia, Jakarta
Applicability of the Payment of Gratuity Act depends on the nature of activity carried on by the establishment. Accordingly if it is a factory, plantation, oil field or mine, then the Act will be applicable without reference to the number of employees employed by the establishment. at the same time, if it is an establishment within the meaning of Shops and Commercial Establishments Act then there should be at least 10 employees in order to make the Payment of Gratuity Act applicable to it.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Gratuity form I claim.pdf