One of my employee worked for me for 10 years and then left my organisation without informing me, he came back after 6 months to claim gratuity, we have total strength of 4 staff.
legally am i bound to pay him?
From India, Kolkata
legally am i bound to pay him?
From India, Kolkata
one of my employee worked for me for 10 years and then left my organisation without informing me, he came back after 6 months to claim gratuity, we have total strength of 4 staff.
legally am i bound to pay him?
From India, Kolkata
legally am i bound to pay him?
From India, Kolkata
Coverage Under Gratuity Act
Firstly the act applies to factory, mine, oil field, plantation, port, and Railway company.
Secondly the act applies to every shop establishment within the meeting of any no for the time being info in relation to shops and establishments in a state. For being covered under this clause the shop and establishment must have 10 or more persons employed on any day of the preceding 12 months.
Thirdly the act applies to such other establishment or class of establishments in which 10 or more employees are employed where employees on any day of the preceding 12 months as the central government may buy notification published in the official gazette specified in this behalf.
As held in the case of Municipal board Gangapur v Controlling Authority under POG Act, as as the Gratuity Act is social legislation and should be given more expensive application. The term establishment bus be integrated liberal hence municipality a Deemed to be covered under section 1.
But the gratuity Act does not apply to apprentices and persons who hold civil posts under the central government or state government being governed by any other enactment or there any rules providing for payment of gratuity. Under Section 5 government may exempt any establishment covered by this gratuity Act from the provision of this act if the employees of Such establishment are in receipt of gratuity or pensioner benefits not lower then benefit provided by the act.
Read this Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
From India, Kolkata
180Firstly the act applies to factory, mine, oil field, plantation, port, and Railway company.
Secondly the act applies to every shop establishment within the meeting of any no for the time being info in relation to shops and establishments in a state. For being covered under this clause the shop and establishment must have 10 or more persons employed on any day of the preceding 12 months.
Thirdly the act applies to such other establishment or class of establishments in which 10 or more employees are employed where employees on any day of the preceding 12 months as the central government may buy notification published in the official gazette specified in this behalf.
As held in the case of Municipal board Gangapur v Controlling Authority under POG Act, as as the Gratuity Act is social legislation and should be given more expensive application. The term establishment bus be integrated liberal hence municipality a Deemed to be covered under section 1.
But the gratuity Act does not apply to apprentices and persons who hold civil posts under the central government or state government being governed by any other enactment or there any rules providing for payment of gratuity. Under Section 5 government may exempt any establishment covered by this gratuity Act from the provision of this act if the employees of Such establishment are in receipt of gratuity or pensioner benefits not lower then benefit provided by the act.
Read this Payment of Gratuity Act, Rules, Forms, Returns & All Other Information
From India, Kolkata
Away Since you have only 4 staff the POG Act is not applicable. But if you had 10 employees at any time the Act is applicable.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Can anybody update me whether any change in time frame for eligibility of gratuity ? Somebody told me that new notification came that the time frame for eligibility of gratuity is came to 2.5 years from 5 years. Is it correct ? And also instead of 15 days salary / year is changed to 30 days salary / year.Is it correct ?
From India, Bangalore
From India, Bangalore
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc