Regarding Gratuity Payment [Thread 499808]

I would like to know about that if one employee continuously has been working for 4 year in the same company,that the company will be shout down because some kind of reason now that employee can be get gratuity amount or not ? please suggest me
Thanks
Sam.S

If he has no continuous service in the 5th year he will not get gratuity.
Varghese Mathew
09961266966

Gratuity is payable only after completion of 5 year service.
However, in the case of shut down, other benefits are applicable.
Please specify the state in which you are presently working (for roughly working retrenchment benefits).

Mr Shyam Agarwal
Retrenchment benefit will be the same all over India ,will not vary from state to state.
Varghese Mathew

i note that thanking you to all for giving better replay for me
can employer deduct the some percentage of gratuity amount from the employees ctc just i would like to know about that because i think this amount may be deductions from the total CTC pls give clarification about it thank you

Dear Friend,
As per Gratuity Act, the concerned employee will not be entitled to receive Gratuity since he has worked less than 5 years.
Thanks,
Sibabrata Majumdar
Management Consultant Legal & HR
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untill or unless complete 5year of the company on one can claim for gratuity.
This is minimum requirement for gratuity there is one possibality if you have completed 4 year 6 month above that time may be possible to applied for gratuity

Dear friends,
If I'm correct, Sam.S's is little different compared to others who are quitting without completing 5 yrs.of continuous service. Here, the co. is shutting down and it should be treated at par with final settlement in the case of other than resignation (death) etc. A separation package normally should contain appropriate compensation incl. gratuity irrespective whether qualify under Gratuity Act or not. It's sometimes a negotiated settlement, a compensation package where all type of benefits are considered. If there are still co. people there Sam should file his claim with the Designated authorities under the Gratuity Act./ALC so that whatever legally available could be won.

In the case of a shut down of a Company an employee with 4 years of service will not get gratuity and he has no right to claim it before any authority.
Varghese Mathew

No Employee is not eligible for gratuity because he has not completed service of 5 years.