Dear Seniors, Please intimate whether an employee, appointed after 58 years, is eligible for Gratuity after completing 5 years of service. With Warm Regards, Mohan Kumar
From India, Bangalore
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10From India, Bangalore
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Clarification on Gratuity Eligibility for Employees Appointed After 58 Years
Under Sec. 2 (e) of the Gratuity Act, 'employee' means any person (other than an apprentice) employed on wages irrespective of status and salary. In that case, what about an employee appointed after 58 years and served for more than 5 years? Or please clarify, is it legally correct to appoint an employee after 58 years of age?
Kindly clarify.
With Regards,
Mohan Kumar
From India, Bangalore
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Under Sec. 2 (e) of the Gratuity Act, 'employee' means any person (other than an apprentice) employed on wages irrespective of status and salary. In that case, what about an employee appointed after 58 years and served for more than 5 years? Or please clarify, is it legally correct to appoint an employee after 58 years of age?
Kindly clarify.
With Regards,
Mohan Kumar
From India, Bangalore
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There is nothing to prevent appointing anybody after 58 years of age. if the person works for more than 5 yrs, he should be eligible for gratuity.
From India, Bangalore
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From India, Bangalore
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Yes, the employee will be eligible for gratuity, as for as he is employed with the company..
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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There is no issue related to employment with the age of anyone on or after attending 58 years. If an organization employs anyone as a regular employee who has already reached 58 years and that employee works there for 5 years or more, such an employee will also be entitled to Gratuity. This is clear in the Gratuity Act in Sec. 2(e), which was also mentioned by you.
Hope this will help you.
Regards,
From India, Delhi
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Hope this will help you.
Regards,
From India, Delhi
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Legal Clarification on Negative Covenants in Employment Agreements.pdf