Dear All, Kindly confirm if we are bound to pay Gratuity to an employee who was there in service with us around 4 years 9 months. As section 4 of the act says that the person has to work not less than 05 years. If an employee is not asking for the same, still we should pay, as the Management is not interested to pay. Please suggest.
Regards

From India, Delhi
KK!HR
1534

The establishment is to act on its own and make the payment failing which the liability will increase @10% simple interest for the period of delay. If the management is not interested to pay then it can take the risk and face the consequence. As per the Act, it is not at all necessary for the employee to make a claim before gratuity is paid.
From India, Mumbai
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