We are Mumbai based Pvt Ltd Co. One of our employees who is 7 years old is in need of funds for purchase of home. He has requested us to release his gratuity amount which is due as on today. He is not leaving the job & will continue working with us in future.
Is intermittant gratuity allowed & how the calculation of gratuity done now & in future when he actually leaves. What documents should be taken from him so that he does not claim any extra amount for the years the gratuity is already paid ?
Thanks
Ravi
From India, Mumbai
Is intermittant gratuity allowed & how the calculation of gratuity done now & in future when he actually leaves. What documents should be taken from him so that he does not claim any extra amount for the years the gratuity is already paid ?
Thanks
Ravi
From India, Mumbai
3131
As per the gratuity act, you can give gratuity when the person leaves or is terminated after working for 5 years. If you pay him now that is not gratuity and he will be entitled to full gratuity again later. No document you take from him will be of any use. The employee is not allowed to contract away his rights to payment granted by a statute.
From India, Mumbai
From India, Mumbai
Dear Ravimodi,
Gratuity, being a specific terminal benefit, is actually a kind of insurance against one or the other specified types of termination of employment of the employee from the services of the same employer. Unless and until the termination of employment happens in the manner prescribed in the Act, the right to stake a claim for gratuity or an obligation to satisfy it will never arise.
Hence your question is infructuous in the face of the scheme of gratuity contemplated under the Payment of Gratuity Act,1972.
From India, Salem
Gratuity, being a specific terminal benefit, is actually a kind of insurance against one or the other specified types of termination of employment of the employee from the services of the same employer. Unless and until the termination of employment happens in the manner prescribed in the Act, the right to stake a claim for gratuity or an obligation to satisfy it will never arise.
Hence your question is infructuous in the face of the scheme of gratuity contemplated under the Payment of Gratuity Act,1972.
From India, Salem
Yours is purely an academic query. Otherwise, had it been a real problem, existence of such a raw hand in a company can become questionable, who is ignorant about the basics of terminal benefits of the employees.
From India, Delhi
From India, Delhi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc