Dear Experts,I work with a small company as an HR. From now on, management wants an undertaking form from every Employee as per the attached. We have already mentioned the same line in CTC. Can we do this, or is it possible? Please help in this matter as soon as possible.
From India, Mohali
1From India, Mohali
This undertaking will not stand scrutiny of the law of the land. Contracts Act clearly states that you cannot agree to a thing which is contrary to law being in force at that time on that subject. When Payment of Gratuity Act prescribes payment of gratuity as per provisions given in that act, you cannot circumvent those provisions by taking an undertaking to the contrary from that employee.
From India
From India
what is the contents of undertaking is to be known to suggest you the right course of action.
From India, Ernakulam
From India, Ernakulam
The undertaking will not stand in the court of law. Gratuity will be payable as per the provisions of the Gratuity Act.
From India, Kolkata
From India, Kolkata
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc