Gratuity from joining date or from gratuity and PF scheme introduction date?

Kindly I need some information about gratuity and pf please help me. One of the employee gratuity and PF has started from June 2013. But he has joined company in 2000. Whether that employee can claim gratuity from joining date or from gratuity and pf scheme introduced date.

Hi Sujatha
Gratuity is applicable from the date of Joining
IF the company was not registered with PF at the time employee joined & it is effective from the Date of Registration with EPF

Hi Sujata,
First of all for gratuity 5 years continuous service is required.
If you have taken any policy (Like LIC) for gratuity and you have registered that employee in June 2013 then for gratuity calculation you have to consider June 2013 as joining date. And if you don't have taken any policy for gratuity then you are managing gratuity part at your company level and on paper you have record that concern employee has actually joined in 2000 and also your management have given for this then you can give him/ her gratuity benefit from 2000.
PF and gratuity registration both are different as PF required minimum 20 nos or employee and Gratuity requires 10 nso of employee.
So directly there is no relation between gratuity and pf .
Finally if management knows actual date of joining of that employee and it really wants to give him / her benefit then it can paid that amount as incentive.
Hope this information will help you.
Regards
Mahesh

IF management creates circumstances and ask employee to resign just few months prior to completion of min. period required for maturity of gratuity , can employee claim gratuity in such case? If yes,how?

Dear Sir,
IF management creates circumstances and ask employee to resign just few months prior to completion of min. period required for maturity of gratuity; this is very wrong practice and such should not happen with anyone.
In some cases management have right to ceased gratuity of employee like misconduct in organization, fraud, intentionally behaviour against management's policy etc.
In case where management is forcing employee to leave company before completion gratuity eligibility in this case morally employee has right to ask management reason behind force to leave company and if that reason is valid then employee can go to labour office.

Gratuity Act is applicable to an establishment from the date it employs ten or more persons.Any employee who complete five years service on that date or later is eligible for gratuity. The taking of policy from LIC or PF registration are irrelevant.