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Author Topic: Eligibility for Gratuity Payment  (Read 721 times)

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Offline abergeldie

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Eligibility for Gratuity Payment
« on: June 09, 2015, 03:35:33 AM »
Hi

With regard to gratuity payments,  if someone transfers from a Group office in Mumbai to an office in Dubai is he entitled(having done 5 years service with the company) to a payment i.e. Is accepting a transfer defined as a resignation?

Are management/admin position eligible now? Or is their eligibility as per their contract of employment? Only workmen are entitled?  Or had this changed?

Offline cacsllb

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Re: Eligibility for Gratuity Payment
« Reply #1 on: October 23, 2016, 11:09:53 PM »
Employee Under Gratuity Act, In simple terms employee means a person employed on wages this employee may be employed in any establishment, factory, mines, oil field, plantation,, railway company or shops.The employee maybe in skilled, semi skilled, unskilled, manual, supervisory, technical, clerical work. It makes no difference whether or not such person is employed in a managerial administrative capacity.

Under Section 4 of the payment Gratuity Act 1972 gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years.


Termination of employment may result from
superannuation,
retirement,
resignation,
death,
disablement due to accident/disease.
As held in the case of darshan Engineering Works vs controlling authority where an employee continues to work after superannuation he will be entitled to gratuity for the entire period and not only up to his superannuation.

Under explanation to section 4(1) disablement means such disablement as incapacitate an employees from the work which he was capable of performing before the accident or disease resulting in such disablement. Under Section 4(4) if an employee continue in his is current employment after disablement at reduced wages, the gratuity for the period upto his disablement is to be calculated at such wages as he was being paid before disablement. The gratuity for the period after disablement is to be calculated on such reduced wages.

Under provision 1 to Section 4(1), the provision of continuous service of 5 years shall not be necessary where did termination of employment happened due to death or disablement. In case of death the amount of gratuity be paid to the nominee. If there was no nomination made gratuity shall be paid to the heir. Where the nominee or heir is a minor then the amount of gratuity shall be submitted to the controlling authority. The minor can use this fund when he attains majority.

See this for total act http://www.shramsamadhan.com/p/payment-of-gratuity-act-rules.html

Offline riteshmaity

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Re: Eligibility for Gratuity Payment
« Reply #2 on: November 21, 2016, 09:10:12 PM »
REPLY IN BOLD

Hi

With regard to gratuity payments,  if someone transfers from a Group office in Mumbai to an office in Dubai is he entitled(having done 5 years service with the company) to a payment i.e. Is accepting a transfer defined as a resignation?
Transfer will not create any severance of employer employee relationship. Your entire period of service will be calculated.


Are management/admin position eligible now? Or is their eligibility as per their contract of employment? Only workmen are entitled?  Or had this changed?
Admin/ workmen all are and were entitled to gratuity. There is no distinction of employee in the Act. Contract of employment has no value when it comes to statutory payments under the law of law.

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