If the labour has left the company without intimation will he be liable for the gratuity amount? Please reply urgently
From India, Mumbai
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From India, Mumbai
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Yes. Provided your company is covered under Payment of Gratuity Act, and if the left employee has completed 5 years continuous service, in your organisation, then he is eligible.
From India, Madras
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302From India, Madras
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Employee Abscondence and Gratuity Implications
Any employee leaving the organization on their own and without any intimation in this regard tantamounts to abscondence, which is misconduct warranting formal disciplinary action, possibly resulting in their dismissal. Therefore, until such time they continue to be in the service of the organization, it implies that statutory gratuity would become payable only after formal termination of employment takes place, subject to the conditions of the applicability of the PGAct to the establishment and the employee's completion of the minimum qualifying service on the date of formal termination.
From India, Salem
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Any employee leaving the organization on their own and without any intimation in this regard tantamounts to abscondence, which is misconduct warranting formal disciplinary action, possibly resulting in their dismissal. Therefore, until such time they continue to be in the service of the organization, it implies that statutory gratuity would become payable only after formal termination of employment takes place, subject to the conditions of the applicability of the PGAct to the establishment and the employee's completion of the minimum qualifying service on the date of formal termination.
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc