Saswatabanerjee
Partner - Risk Management
R.N.Khola
Labour Laws & Ir
+2 Others

Thread Started by #Khushboo K.

Hi, Our employees have completed 5 yrs in our company and as per rule they are eligible for gratuity. Pls. guide me which form I should enroll them in Gratuity Scheme.
5th October 2013 From India, Vadodara
Dear Member,
Welcome to CiteHR.
If your unit is covered under the Payment of Gratuity Act, 1972 then the employees at the time of completion of one year of continuous service are required to submit nomination form in duplicate (Form F) with the management & the management shall verify the particulars filled by the employee & will return the duplicate copy of the same to the employee concerned duly attested by the employer.
R.N.KHOLA
5th October 2013 From India, Delhi
Dear sir, Please clarify in gratuity Act whether Nomination form collected form employee after one service completed or at time of joining Which one is correct Thanks Hekarthi
5th October 2013 From India, Coimbatore
#Anonymous
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5th October 2013 From India, Kolkata

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Dear Hekarthi,
In case of death of the employee, gratuity payable to him shall be paid to his nominee(s) or if no nominee has been made then in that case gratuity is to be paid to his legal heir(s). Requirement of nomination is there in case of death of employee on completion of one year continuous service or more. If no nomination is made then the amount of gratuity is required to be paid to his legal heir(s) & to obtain this legal heir certificate is a difficult work. Employee can not be compelled to give declaration. HR department, in general take this nomination also at the time of completing other nominations at the time of joining of new employee.
R N KHOLA

6th October 2013 From India, Delhi
Please read the gratuity act
You will realise there is no question of enrollment. You are required to pay gratuity when the employee leaves after having worked for 5 years without a service break (or in case of death, then 5 year rule does not apply).
You should get a gratuity cover from lic or other insurance company or create a gratuity fund so that it does not impact on the cash flow when you have to pay it.

6th October 2013 From India, Mumbai
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