Dear Sandhya Prajwal,
When raising a query, members are expected to provide complete background information. Have you raised the question as an HR professional, or have you absconded and sought gratuity from your company? In either case, please provide your date of joining and the date of absconding.
By the way, to be eligible for gratuity, one must serve for five years. After serving for that duration, why would someone feel the need to abandon their employment?
Thanks,
Dinesh Divekar
From India, Bangalore
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8211When raising a query, members are expected to provide complete background information. Have you raised the question as an HR professional, or have you absconded and sought gratuity from your company? In either case, please provide your date of joining and the date of absconding.
By the way, to be eligible for gratuity, one must serve for five years. After serving for that duration, why would someone feel the need to abandon their employment?
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Sandhya-Prajwal,
Gratuity refers to the amount that an employer pays to his employee, in return for services offered by him to the company. However, only those employees who have been employed by the company for five years or more are given the gratuity amount. It is governed by the Payment of Gratuity Act, 1972. Therefore, gratuity is applicable if an employee has completed 5 or more years; otherwise, he is not eligible to receive gratuity benefits.
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Gratuity refers to the amount that an employer pays to his employee, in return for services offered by him to the company. However, only those employees who have been employed by the company for five years or more are given the gratuity amount. It is governed by the Payment of Gratuity Act, 1972. Therefore, gratuity is applicable if an employee has completed 5 or more years; otherwise, he is not eligible to receive gratuity benefits.
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Gratuity is payable upon the termination of service after completing five years of continuous service. The termination of service can be for any reason, including voluntary abandonment. Once the termination occurs, gratuity must be paid within one month. Any delay beyond that will result in interest charges and penalties for willful violation of the Payment of Gratuity Act, 1972.
From India, Mumbai
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From India, Mumbai
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In the case of an absconding employee, the employer may have a legal obligation to follow a specific process to terminate the employee's employment. The process may involve issuing notices and giving the employee an opportunity to respond. If the employee fails to respond or cannot be located, the employer may need to take legal action to terminate the employment contract.
If an employee has absconded, the employer may have a right to withhold any payments owed to the employee, including gratuity. However, the specific rules and regulations regarding the payment of gratuity to absconding employees may vary depending on the laws of the country or state in which the employment contract was signed. It is advisable for the employer to consult with legal experts before taking any action regarding the payment of gratuity to absconding employees.
From India, Noida
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If an employee has absconded, the employer may have a right to withhold any payments owed to the employee, including gratuity. However, the specific rules and regulations regarding the payment of gratuity to absconding employees may vary depending on the laws of the country or state in which the employment contract was signed. It is advisable for the employer to consult with legal experts before taking any action regarding the payment of gratuity to absconding employees.
From India, Noida
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Gratuity is payable to an employee on completion of 5 years of continuous service, and in each completed year of service, the employee should have worked for 240 days. Your query is not clear. Since how long has the employee been absconding? What action has the organization initiated against him? How much service has he rendered continuously since the day he has been absconding.
R R Kapoor
Vadodara
From India, Vadodara
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R R Kapoor
Vadodara
From India, Vadodara
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf