Retirement After 3 Years Of His Service - Is He Eligible For Gratuity?

An employee joined our organisation on his 55th year of age and now
due for retirement after 3 years of his service with us
Is he eligible for gratuity ?

no he will be eligible for gratuity under payment of gratuity act. but employer can pay him ex-gratia.

Dear,
As per Gratuity Act an employee should render continuous service for not less than five year to avail the gratuity,so the employee is not eligible for gratuity.

Dear Friend,
As u are aware, as per gratuity rule an employee is entitled for gratuity on completion of 5 years of service in normal case but if the employee is ask to leave or say due to any reason if an employees is kicked off on completion of 3 uears of service than that employee is entitled for gratuity.

How to calculate gratuity if employee has worked for 10 years and 7 months continuously

10 years and 7 months will be considered as 11 years under PGA

Dear Tannex,
As per Payment of Gratuity Act,1972,an employee should have rendered continuous service for not less than five years to avail the gratuity. However the completion of five years is not necessary, where the termination of the employment is due to death or disablement. Thus, the individual, you have mentioned,shall not be eligible for the payment of gratuity.

BS Kalsi
member since Aug 2011

Dear Member,
Which of the Rule ( Central or State) says that if an employee is kicked off or asked to leave on completion of 3 years of service then that employee is entitled for gratuity ?
R.N.KHOLA
(M)09810405361
Welcome Skylark Associates

Dear Sh Desai ji,

I want to draw your attention to your yesterday's mail where you have mentioned that "an employee is entitled for gratuity on completion of 5 years of service in normal case but if the employee is ask to leave or say due to any reason if an employees is kicked off on completion of 3 years of service than that employee is entitled for gratuity". I would like to add that an employee is not entitled to gratuity in normal case but only on termination of the employment after completion of continuous service for not less than five years (i) on his superannuation or (ii) on his retirement or resignation or (iii) on his death or disablement due to accident or disease.

I am sorry I have not been able to trace the provisions where an employee is entitled for gratuity if he is asked to leave or say due to any reason if an employees is kicked off on completion of 3 years of service. I shall be grateful if enlightened on the provisions existing in the Payment of Gratuity Act,1972 or Rules.

Regards,

BS Kalsi

Member since Aug 2011

Dear Minayan Desai, Pl clarify under what provision of the Act any employee with 3 years or less service is paid gratuity and where it is being in practice as stated by you.