Gratuity

V.N.K. MENON (Querist) 06 April 2016 This query is : Resolved
a settlement has been arrived at between employer and employee for final settlement of industrial dispute. Since gratuity is protectedby statute, can it be contracted away by such a settlement; if it cannot be contracted away can he claim gratuity in such an event.

Shall appreciate valuable views of experts.

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Devajyoti Barman (Expert) 06 April 2016
The gratuity can not be waived by the employee though he can adjust the said sum of money with other sum tp which he may be entitled to.

Kumar Doab (Expert) 06 April 2016
It is a statutory obligation and has to be paid under separate head and record is to be maintained.

Has the gratuity been inserted in FnF statement/settlement and paid and has the employee issued acknowledgment?

Rajendra K Goyal (Expert) 06 April 2016
Agree, it is statutory obligation and has to be paid.

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