Please advise if there is any upper age limit for the applicability of the Gratuity Act. For instance, if we consider the superannuation age as 58 years and a person joins after turning 58 years old, does he come under the Gratuity Act?
Regards,
Jagan
From India, New Delhi
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2Regards,
Jagan
From India, New Delhi
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Gratuity Eligibility After Superannuation
Age is not a barrier for claiming gratuity. There is no provision that prohibits an employee from claiming gratuity after attaining superannuation. If the employer retains a person after retirement or appoints them after retirement, the employee, who has completed continuous service of not less than 5 years, is entitled to gratuity.
From India, Pune
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Age is not a barrier for claiming gratuity. There is no provision that prohibits an employee from claiming gratuity after attaining superannuation. If the employer retains a person after retirement or appoints them after retirement, the employee, who has completed continuous service of not less than 5 years, is entitled to gratuity.
From India, Pune
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Thank you for your reply. Your clause may be applicable for those persons who are superannuated and again reappointed in the same company. But what about outsiders who join after 58 years? Is gratuity compulsory and applicable for them if we take them on rolls?
Regards
From India, New Delhi
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From India, New Delhi
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Generally, someone joining after the age of 58 years works as a consultant (professional), and they receive a monthly lump sum payment (Professional Charge) as per the employment terms against the invoice raised by them. If a clause is mentioned in the contract stating that EPF and gratuity will not be applicable, then there is no question of gratuity applicability. However, if a person is joining on the roll, then gratuity will be applicable.
Regards,
From India, Pune
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From India, Pune
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