Is My Company Required to Pay Gratuity Without a Factory Account? Seeking Clarity

Dear All,

I am working in a private company as an accountant. My ESIC consultant told me that gratuity is applicable to the company when the company is registered in the factory account. My company started in May 2005, and it has not availed of a factory account. So, I am unsure whether my company is eligible to pay gratuity or not. ESIC started for my company in 2009. Can you please clarify whether my company is applicable to pay gratuity or not?

Thank you.

It is not confined only to factories, but it applies to establishments employing not less than 10 persons. Therefore, if yours is an establishment coming under the Shops and Commercial Establishment Act and employing ten or more employees, then the Payment of Gratuity Act will be applicable to you.

Regards,
Madhu.T.K