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Can you please tell me if we can get the Gratuity amount to be paid in the following case?

Gratuity as Part of CTC

Gratuity is a part of CTC, deducted every month, and kept on the Employer's side. The employee has completed only 1 year, and the Employer terminates due to a merger/shutdown/closing of the company. In this case, the Employee did not resign, but the Employer terminated almost 70% of the employees due to the shutdown.

Please suggest. I know that it is not paid until the employee completes 5 years, but what about in the case explained above?

Regards,
Mamta

From India, Mumbai
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The Payment of Gratuity Act has no provision for the case mentioned by you. In other words, no payment is payable towards gratuity for a person who has worked for less than 5 years.

Regards,
Preetam Deshpande

From India, Mumbai
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