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An employee left the job in 2012, now he is asking for his Gratuity, is he eligible after 6 Yrs? kindly help on this issue.
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How many years of continuous service was put in by the employee when he left?
Delay of six years can be justified by giving proper reasons.
But it is equally company's duty to pay gratuity to entitled employees.
As per the Payment of Gratuity Act, 1972 the gratuity due to an employee should be paid by the employer within 30 days it becomes payable whether it is claimed by the concerned employee or not. In the absence of any claim by the employee, it is the duty of the employer to deposit the entire amount of gratuity with the Controlling Authority under the Act. Otherwise, the employer is saddled with the burden of paying interest @ 10% per annum on the amount of gratuity for the entire period of default.
Therefore, arrange to pay the gratuity with interest without further delay.
Hi
As rightly pointed out it is the duty of the employer to see that an employee upon his/her retirement, superannuation, termination etc is paid all the dues which includes gratuity [if eligible] . Employer cannot be silent just because there was no demand. It is the law and ignorance of law is no excuse. Make sure to pay the amount at the soonest lest you will have to answer too many people and probing questions, which can be best avoided.
Thanks and Regards
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