Gratuity Act - Doc Download - Gratiuty Act

If an employee's date of join is 01/06/2004 & resignation date is 31/05/2009 isn't he eligible for getting gratuity

Dear
According to the PG Act,1972 if an employee have completed five years continuous service with an employer as per section 2 A of this Act then he is entitled to have gratuity payment from his employer. If the service of the the employee is terminated because of misconduct then gratuity will be payable considering the section 4(6) of this Act.
Opinion submitted as requested.
*Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

If the employee resigns the job and leave the place immediately. He asks to pay gratuity to his nominee. What is required to get authorization letter from him?

The government will bring an amendment to the gratuity Act by tabling a fresh bill in the current session of Parliament in the coming days and then the gratuity limit is extended to 10 lakhs

Dear
Plz go through section 4 of the P G Act, 1972 for your query.
With Regards,
R.N.Khola

Hi Anitha
even though you have started in May2003, you can form the gratuity trust. every year you need to find out the Actuarial Gratuity liability with the help of approved Consulting Actuary and have to create the provision every year for the liability. You may go with LIC since they got some additional benefits under Group gratuity scheme.
Regds
Pradeepan
Fin-Professional

I would like to know the procedure of Forming a Gratuity Trust at our end (ie : Company) & with any Financial Institution,Bank Or LIC
1. How to Register the Gratuity Fund and where
2. Is there any requirement to deposit Premium (Monthly / Yearly)
3. Any format to Form Gratuity Trust.
4. Where to submit the Trust Deed etc
5. Is it mandatory to take Insurance from LIC of India for the liabilities of the employee's , even after managing the Gratuity Fund by company (Pls go through - Section 4A of gratuity Act'1972)
we have to pay the gratuity amount directly to employee r else wre we have to pay....any one can reply as soon as possible

Could any one tell me about gratuity Act? How many returns should submit by employer?What will be period?

Dear Nikhil Gupta,
We are not required to sent any return under this Act & Rules but we are to sent intimation in certain situations e.g. we are to sent intimation in Form 'A'(notice of opening) to the Controlling Authority under The P G Act of the area regarding opening of the establishment within 30 days of the rules become applicable to the establishment. For more details plz go through your applicable Gratuity Rules . All the formats are provided under the Rules.
With Regards,
R.N.Khola

Dear All,

I want to know whether an autunomous/ statutory body which is established by an act of parliament , (whose employees are bound to follow their own Employee service regulations) comes under the scanner of Ministry of Labour commission? Recently one inspector visited our office and was asking forms ..we said we are regulated by our own gratuity fund, and we have our own Employee service regulations which were notified in the gazette...he did not listen to us.. went and send a show cause notice to us.

Please suggest/ clarify me on the following.:

1 Whether a statutory body under other ministry comes under the scanner of ministry of labour?

2 Our employees are from different parts of the country, do we need to display the abstract in the local language?

3. can our organisation issue a notice questioning his authority to inspect our premises?

4. Do An organisation set up/ established by an act passed by the parliament need to submit the Form A to the Controlling authority? Coz ours is an autunomous body under ministry of finance.

5 tell me the applicability of this act to organisations which are established by acts other than shops and establishments act.

Regards,

Sandy