Hi All
I just wanted to know if a person who has served in a private organization in India for 14 years& after 14 years of career management (JMD) informed (VP) to take handover do the replacement of this post with Intimidate effect.
They give instruction verbally, I just wanted to know in that case employed eligible for notice salary & Gratuity payment ?
19th July 2014 From India, Mumbai
1.Yes he is applicable for gratuity payment, because he is completed his continues 5 years service.
2. If his appointment letter that clause is mentioned that he need to serve 1 month notice period then he should serve, unless follow your company policy.
19th July 2014 From India, Mumbai
hello sir
I don't have appointment letter with me but i have sign service contact with company last 2 year back.
if u don't mind, can you me for the process for gratuity,
one more point, company informed me to leave the job and they demanding resign letter me, can I send or not ?
19th July 2014 From India, Mumbai

You may resign and fill the form I and give ti to your employer.

Section 4 of the Act mentions the obligation on an employer of an establishment to consider the case of each employee in the matter of payment of gratuity to him. The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes payable to the person to whom the gratuity is payable. If the amount of gratuity payable under the section is not paid by the employer within the period specified, from the date on which the gratuity becomes payable he will have to pay simple interest on it at the rate not exceeding the rate notified by the Central Government from time to time.

The mode for the payment of gratuity is prescribed under section 9 of the Payment of Gratuity Act, 1972. The said section contemplates that gratuity payable under the Act should be paid in cash, or if so desired by the payee, by demand draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be.
19th July 2014 From India, Mumbai

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