varshapachade
1

Dear All,
If employer terminates the employment of an employee who works more than 5 years in the company, in this case is employer liable to pay gratuity to that employee?
Please suggest.
Thanks & regards..
Varsha
Nagpur.

From India, Nagpur
kuldeeprawat21
115

Hi Varsha, 1.Gratuity is payable if an employee has put continuous* service of 5 years. *continuous service according sec 2A of the Gratuity act 1972
From India, New Delhi
gvmenon
2

Gratuity should be paid irrespective of whether the employee left the job on his own or removed by the company.
From India, Bhopal
DHZALA
6

Dear Varsha,
Company should pay gratuity to employee has resigned or company is terminating him if employee has completed 4 years and 240 days in 5th year. As per amendment in Gratuity Act, Gratuity applicability on 4 years and 240 days.
Thanks & Regards,
Dashrathsinh Jhala

From India, Ahmadabad
soonam
Dear Varsha,
Company should pay gratuity to employee has resigned or company is terminating him if employee has completed 4 years and 240 days in 5th year. As per amendment in Gratuity Act, Gratuity applicability on 4 years and 240 days. A judgement given by madrash high court to the same case completed 4 years and 240 days thus the employeer paid gratuity.
Thanks & Regards,
Anil Sharma
8449347347

From India, Delhi
gabrielissac@yahoo.com
3

In the given case, if the termination was not as a result of any disciplinary action, the employee cannot be denied gratuity as per section 4(6) of the Payment of Gratuity Act.
From India, Chennai
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