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Payment of Gratuity

Labour & Industrial 964 views 2 replies

Dear Friends \ Gurus,

I have the following Queries. Kindly reply with reasons and justification also. ( Sections \ References also)

As every one knows an employee will be eligible for Payment of Gratuity after completion of 5 Years in an Organization. But here are the 2 scenarios let me know how to take this.

1. An Employee X who had worked for 4 years and 9 Months have met an accident and died. Is he eligible for Payment of Gratuity ?

2. An employee X had joined new organization ABC at the age of 55 and the retirement in company is 59 Years. Here an employee is willing to work in the company for 5 Years but unforutantely he dont have chance to work as per rules. Can get Payment of Gratuity ?

Awaiting your kind reply.

Thanks,

Solomon.

 

 

Replies (2)

in 1st case the employee will get gratuity .... as in case of death or diablement during employement this rule of 5 years is not applicable...



in 2nd case the employee will not be eligible to get gratuity as he has not worked for 5 years.....no matter what the reason was...only reason that could have made him eligible is death or diablement...



regards,

Sunshine..

Agree with Sneha


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