one of our employee has completed 5 yrs and is eligibly for gratuity. Kindly let me know can we give the amount if he is still working with us or else after the resignation.
From India, Pune
Acknowledge(0)
Amend(0)
2From India, Pune
Acknowledge(0)Amend(0)
Dear Trupti,
As per the Payment of Gratuity Act of 1972, in any establishment with 10 or more employees, gratuity will be applicable. After resignation, termination, expiry, or disablement, employees will be eligible for gratuity. In your case, the employee must have completed a minimum of 5 years in the same organization for you to pay the gratuity amount upon resignation only.
If you have any queries, please refer to the Payment of Gratuity Act 1972.
Regards,
Charvaka Reddy
From India, Hyderabad
Acknowledge(0)Amend(0)
As per the Payment of Gratuity Act of 1972, in any establishment with 10 or more employees, gratuity will be applicable. After resignation, termination, expiry, or disablement, employees will be eligible for gratuity. In your case, the employee must have completed a minimum of 5 years in the same organization for you to pay the gratuity amount upon resignation only.
If you have any queries, please refer to the Payment of Gratuity Act 1972.
Regards,
Charvaka Reddy
From India, Hyderabad
Acknowledge(0)Amend(0)
Hi!
An employee is eligible for gratuity only after their separation from an organization. If you still want to provide the same benefit while they are in service, take their resignation and treat them as a new joiner with a new date of joining. In this scenario, you must provide them with all the benefits as if they had resigned.
Regards,
Asmita Bhalla
9867289880
From India, Mumbai
Acknowledge(0)Amend(0)
An employee is eligible for gratuity only after their separation from an organization. If you still want to provide the same benefit while they are in service, take their resignation and treat them as a new joiner with a new date of joining. In this scenario, you must provide them with all the benefits as if they had resigned.
Regards,
Asmita Bhalla
9867289880
From India, Mumbai
Acknowledge(0)Amend(0)
Please tell us the necessity of providing gratuity while the employee in service. As per law, Gratuity is paid only on termination of prescribed service of an employee.
From India, Tiruchchirappalli
Acknowledge(0)Amend(0)
From India, Tiruchchirappalli
Acknowledge(0)Amend(0)
Dear Prabhakaran, It is applicable for temp employees also, if they are permanently temporary upto five years in your organisation.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Hi Gratuity can not be paid while employee is in service. In other words, gratuity becomes payable only after cessation of service. Regards Ajeet Kumar
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Hi,
This is Govind. My brother passed away while working in the organization, but before his death, he took a long leave of nearly 3 months. Now, how can I avail ESIC and PF benefits? What are the benefits that I can claim?
Regards,
Govind
From India, Bangalore
Acknowledge(0)Amend(0)
This is Govind. My brother passed away while working in the organization, but before his death, he took a long leave of nearly 3 months. Now, how can I avail ESIC and PF benefits? What are the benefits that I can claim?
Regards,
Govind
From India, Bangalore
Acknowledge(0)Amend(0)
HI, Applicable for Temp, Contract & Permanent staff....whomsoever associates till the completion of 5yrs of continuous service inthe orgz.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Govind- You can very much apply for PF Payback only the nominee as mentioned would be eligible for same along with ESI.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear member,
For ESIC benefits, approach the Manager at the ESIC local office and obtain the necessary claim forms. For PF benefits, you need to obtain Form No. (for PF amount), Form No. 10 D (for pension), and Form 5(IF) for EDLI benefits. For gratuity, please speak with your employer.
Regards,
Baba Naresh
From India, Delhi
Acknowledge(0)Amend(0)
For ESIC benefits, approach the Manager at the ESIC local office and obtain the necessary claim forms. For PF benefits, you need to obtain Form No. (for PF amount), Form No. 10 D (for pension), and Form 5(IF) for EDLI benefits. For gratuity, please speak with your employer.
Regards,
Baba Naresh
From India, Delhi
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Employee Benefits.doc
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F