Madhu.T.K
Industrial Relations And Labour Laws
K C S Kutty
Labour Laws
+2 Others

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Can any one confirm me that if the company is not providing ESI,PF, and other benefits(apart form salary) with Min Employee (Max of 8-10), Even though if any One Employee completed the 5 years, in this case Company need to pay "Gratuity" or not ?. Or the Emp is Eligible to ask "Gratuity" from the Company.. ?
Plz confirm and if you have any Document or Govt.Act details plz provide.

Payment of Gratuity Act will be applicable to your establishment when there is at least ten employees. Of course, if yours is a factory then this minimum number of ten employees in order to get it covered is not required. It is immaterial whether or not the establishment has ESI or EPF.
Please read Payment of Gratuity Act 1972. (With notes, comments n case laws).
A factory had 12 employees and POG Act was applicable.Later the number of employees became 8.Will the gratuity Act continues to apply? Varghese Mathew
Once covered by the Act, it will continued to be applicable even if the number of employees fall below 10.
The provision of continuing applicability is in sec 1(3 A) of the Act.This covers only shops and establishments, not factory,plantations, oil fields,ports or mines.The words shops or establishments are not defined in the Act.
in respect of Factories, oil field, plantations etc the Act is applicable even if there is only one employee and therefore, the question of falling below 10 will not arise in the case of factories, etc.
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