Dear Members Is it required to send Notice for holding meeting of Gratuity Trust ?? If yes What should be the Notice period ??
Hi,
I have been working in a private organization for the last ten years and nine months. Recently I've submitted my resignation letter to the company and servicing my notice period. I've applied to the company for paying my gratuity. The company is saying that as my service is more than ten (10) years, the gratuity amount will be transferred to the company where I am going to join. Is it right? Kindly help me what I should do now.
Regards,
UK Ghosh
From India, Howrah
I have been working in a private organization for the last ten years and nine months. Recently I've submitted my resignation letter to the company and servicing my notice period. I've applied to the company for paying my gratuity. The company is saying that as my service is more than ten (10) years, the gratuity amount will be transferred to the company where I am going to join. Is it right? Kindly help me what I should do now.
Regards,
UK Ghosh
From India, Howrah
Sec 4(1) of Payment of Gratuity act is clear:
On retirement/resignation after completing 5 years of continuous service.
So question of transferring gratuity to new company is not applicable.
Anyway how can they be sure you are joining some other company?
From India, Pune
3131On retirement/resignation after completing 5 years of continuous service.
So question of transferring gratuity to new company is not applicable.
Anyway how can they be sure you are joining some other company?
From India, Pune
Gratuity can be claimed any no of times where employee works for more that 5 years in each co and resigns. It is legal. Gratuity needs to be settled on employee leaving and cannot be transferred, unless within the same sister company, where the service is continuing and accounted.
From India, Hyderabad
From India, Hyderabad
Hi,
Is a retired employee re eligible for gratuity if he joins a company at the age of 61 (After full time employment and retirement from govt. sector) and continuing over 10 years into direct employment? The company doesn't create any gratuity fund.
From India, Kolkata
Is a retired employee re eligible for gratuity if he joins a company at the age of 61 (After full time employment and retirement from govt. sector) and continuing over 10 years into direct employment? The company doesn't create any gratuity fund.
From India, Kolkata
Dear Biswajit,
You have desired to know as to whether the eligibility for claiming gratuity under payment of Gratuity Act, 1972 can be reduced to three years from stipulated period of FIVE years as mentiobned in Section 4 of the Act and whether there is any correponding amendedment in the Act to support the claim of Ms. Radhika. In reply to your query, I would like to clarify that the Act has an inbuilt provision in Section 4(5) which reads as under:-
"Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer".
Hope the above will clear your doubt.
Thank you.
BS Kalsi
From India, Mumbai
You have desired to know as to whether the eligibility for claiming gratuity under payment of Gratuity Act, 1972 can be reduced to three years from stipulated period of FIVE years as mentiobned in Section 4 of the Act and whether there is any correponding amendedment in the Act to support the claim of Ms. Radhika. In reply to your query, I would like to clarify that the Act has an inbuilt provision in Section 4(5) which reads as under:-
"Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer".
Hope the above will clear your doubt.
Thank you.
BS Kalsi
From India, Mumbai
Hi Ghosh,
You have mentioned that you have worked in a private organization for ten years and nine months and has now submitted your resignation. The utterance by the company that the amount of gratuity shall be transferred to the new company is absoulately INCORRECT and MISLEADING . The Act doesn't have such a stipulation of transfer of the gratuiy amount. You may refer to Section 4 of the Act, which contains the following provisions -
"Gratuity is payable to an employee (nominee – in case of death of employee) who has rendered A continuous services of five years or more on his termination of employment, superannuation, retirement or RESIGNATION.
Completion of continuous service of five years is not necessary where the termination of employment is due to death of disablement."
You can discuss the matter with the HRD head quoting the provisions as mentioned above failing which you need to file an application prescribed under the state rules before the the competent officer of the state Labour department.
Regards,
BS Kalsi
From India, Mumbai
You have mentioned that you have worked in a private organization for ten years and nine months and has now submitted your resignation. The utterance by the company that the amount of gratuity shall be transferred to the new company is absoulately INCORRECT and MISLEADING . The Act doesn't have such a stipulation of transfer of the gratuiy amount. You may refer to Section 4 of the Act, which contains the following provisions -
"Gratuity is payable to an employee (nominee – in case of death of employee) who has rendered A continuous services of five years or more on his termination of employment, superannuation, retirement or RESIGNATION.
Completion of continuous service of five years is not necessary where the termination of employment is due to death of disablement."
You can discuss the matter with the HRD head quoting the provisions as mentioned above failing which you need to file an application prescribed under the state rules before the the competent officer of the state Labour department.
Regards,
BS Kalsi
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc