Is My Friend Eligible for Gratuity After 6 Years Without It in His CTC? What If the Company Refuses?

Hello,

My friend joined a company 6 years ago with no provision for gratuity in his CTC. Is he still eligible for gratuity when he leaves? If the company refuses to pay, what options are available in that case?

Regards

He is very much entitled to gratuity. Once he separates from the company, on his last working day, he needs to fill up the relevant form as per the Payment of Gratuity Act and submit the same. The company will have to release the gratuity within 30 days. The company cannot refuse, and if they do so, he can submit the application through the relevant statutory authority, and they will ensure compliance.

Please let me know if you need any further assistance.

If there are more than 10 employees in the company, then gratuity is payable to the employee after cessation of employment, provided that the employee has worked continuously for five years or more.

What is the Date of Joining and Date of Leaving of your friend? If your friend had joined on 1st Dec. 2011 and left on 31st January 2016, that is not 6 years. As informed by Mr. Ritesh Maity, he has to put continuous service of 5 years.

Please be specific while submitting a query in order to get proper guidance or advice.

Suresh

Thank you, Mr. Suresh,

He has already completed 6 years of continuous service. The only clarification needed was regarding the eligibility, since the gratuity part was not mentioned in his CTC.

Thank you, everyone, for the help.
Regards

Even if there is no clause in your CTC, you are still entitled to gratuity as per the Act.