Dear Friend,
One pertinent question is there.
Did the employee, in your case, leave the organisation without notice to the employer?
If he quite the establishment without notice, then the gratuity will fall due from the date of notice of resignation.
Regards,
Vinod
From India, Bangalore
3One pertinent question is there.
Did the employee, in your case, leave the organisation without notice to the employer?
If he quite the establishment without notice, then the gratuity will fall due from the date of notice of resignation.
Regards,
Vinod
From India, Bangalore
Dear All
I have a doubt on gratuity payment
how can we pay gratuity for deceased family member
the legal heir can claim under form K for payment of gratuity ?
the employer can pay directly to legal heir
How can we decide legal heir with out any claim
In my opinion the claim should be received from resigned/retire/deceased for settlement of
gratuity is appropriated . Please clarify if I am wrong
kalijanni
From India, Guntur
I have a doubt on gratuity payment
how can we pay gratuity for deceased family member
the legal heir can claim under form K for payment of gratuity ?
the employer can pay directly to legal heir
How can we decide legal heir with out any claim
In my opinion the claim should be received from resigned/retire/deceased for settlement of
gratuity is appropriated . Please clarify if I am wrong
kalijanni
From India, Guntur
First and foremost, pl.check whether the deceased employee's Nomination is on the file and it is loud and clear. May be the nominee is the spouse. We cannot be faulted if we pay to the nominee. But it is always better to obtain NOCs from the other family members like father/mother/children who are/were dependent on the deceased to avoid counter claims later. If the Nominee produces 'Legal heir' certificate by a competent court nothing like it. Based on which blindly we can disburse. The mode of payment could be by a crossed cheque to the bank a/c of the payee. These precautions are time consuming and hardship to the recipient but the intentions are either every deserving should get the remains of the deceased and "by virtue of being the only nominee" the purse shouldn't reach the least deserved. In short though the receiving be it one hand but should be shared by many the rightful family members. Sometimes an employee nominate unconnected outside the family stream either before or after the marriage for various reasons.
kumar.s.
From India, Bangalore
kumar.s.
From India, Bangalore
Dear Friend,
Legally speaking company has to pay gratuity to departing employee " on it's Own " and should initiate all necessary actions required to make payment.
From HR and IR point of view also, company should not wait for any kind of written or oral request from employee. Remember he is your ambassador to the out side world. Existing employee also keep a close watch on such incidences ( if you do not pay or wait) and firm up adverse opinion about the organisation.
Regards
Abhay Damle
From India, Thana
Legally speaking company has to pay gratuity to departing employee " on it's Own " and should initiate all necessary actions required to make payment.
From HR and IR point of view also, company should not wait for any kind of written or oral request from employee. Remember he is your ambassador to the out side world. Existing employee also keep a close watch on such incidences ( if you do not pay or wait) and firm up adverse opinion about the organisation.
Regards
Abhay Damle
From India, Thana
Gratuity is a legal obligation for all employer to Employee worked for equal to 5 year or more with Full & Final settlement of employee. For this no willing required of co management or employee I also clear here one point - if an employee complete 4 year 6 months or more also compute as 5 years.
From India, Delhi
From India, Delhi
Dear friend,
Sorry to say that you are not eligible for Gratuity as per the provisions of Payment of Gratuity Act.
Hon'ble Madras High Court in one case held that an employee who has put in his service for 10 months, 18 days for the 5th year subsequent to first 4 years should be deemed to have completed continuous service of 5 years and entitled to gratuity.
In your case, you have completed 7 months and 23 days only in the 5th year and hence you are not eligible for gratuity.
Regards,
Vinod
From India, Bangalore
Sorry to say that you are not eligible for Gratuity as per the provisions of Payment of Gratuity Act.
Hon'ble Madras High Court in one case held that an employee who has put in his service for 10 months, 18 days for the 5th year subsequent to first 4 years should be deemed to have completed continuous service of 5 years and entitled to gratuity.
In your case, you have completed 7 months and 23 days only in the 5th year and hence you are not eligible for gratuity.
Regards,
Vinod
From India, Bangalore
Ladies and Gentlemen,
I have 2 questions,
1 if it is a contribution by the company to the employee, then why does the company in his/her CTC write gratuity as a component while calculating the CTC?
2. What is the amount th ecompany needs to pay if a person has served the company for 5 yrs or more? and last but not the least
3. If someone who has served less than 5 years makes a person less dedicated towards getting the Gratuity? which means that a person who has served 5 or more is considered "loyal"...
Some Indian laws are funny :-)
From India, Pune
I have 2 questions,
1 if it is a contribution by the company to the employee, then why does the company in his/her CTC write gratuity as a component while calculating the CTC?
2. What is the amount th ecompany needs to pay if a person has served the company for 5 yrs or more? and last but not the least
3. If someone who has served less than 5 years makes a person less dedicated towards getting the Gratuity? which means that a person who has served 5 or more is considered "loyal"...
Some Indian laws are funny :-)
From India, Pune
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Surendra_Kumar_ Verma_Etc_vs_Th e_Central_Gover nment_on_23_Sep tember_1980 Gratuity payable 4 years.pdf
Gratuity Form I.doc