Gratuity and notice pay
H.S.ACHARYA
(Querist) 11 July 2013
This query is : Resolved
Is gratuity payable if employee works after retirement and completes 5 more years of service. Also whether notice period is required to be served or not for termination during this extended period?
Advocate M.Bhadra
(Expert) 11 July 2013
Under the Payment of Gratuity Act the minimum period for eligibility of gratuity is 5 years of service with first 4 years as full and in the fifth year you may work for 240 active days in 365 days of the year. This period can not be condoned. You should have considered this fact prior to your resignation or issue of notice for leaving the company.
malipeddi jaggarao
(Expert) 12 July 2013
Normally extended period of service on regular scales and it is on consolidated salary basis. If it is not on regular scales, gratuity is payable.
Guest
(Expert) 12 July 2013
Mr. Acharya,
Your query is purely of an academic nature, as you have not discussed, what actually is the problem.
The question arises, as a CEO, are you asking for the gratuity for your own services after the age of retirement or your organisation has to settle the case of some re-employed worker after his retirement?
In any case, you will also nee to mentionm what is the age of superannuation fixed by the organisation and how many years of service the employee has rendered after the prescribed superannuation age.
About notice period pay in lieu thereof, unless specified otherwise in the appointment letter, the conditions is a must to be observed even in re-employment case.
H.S.ACHARYA
(Querist) 12 July 2013
Dear Mr. P S Dingra,
Thanks for your reply. It is for the employee who joined the organisation after his retirement and he was earlier employed by some other organisation. Retirement age fixed in our organisation is 58 years.
regards
H.S.ACHARYA
Guest
(Expert) 12 July 2013
Dear Mr. Acharya,
Service of employees beyond the prescribed age of superannuation in the organisation cannot be counted to qualify for the gratuity.
H.S.ACHARYA
(Querist) 12 July 2013
Dear Mr. Dinges,
Thank you very much. Are we required to give retrenchment benefit in addition to one month notice pay since the employee already retired?
Reds
H S Acharya
Raj Kumar Makkad
(Expert) 12 July 2013
Mr. Acharya! The notice period depends upon the terms and conditions settled between such employee in writing.
Guest
(Expert) 12 July 2013
Dear Mr. Acharya,
At least you could have used correct spellings of my name. While addressing me twice, both the times you have addressed me with two different wrong names, (1) "Dingra" and (2) "Dinges." You may be a CEO of your company, but you don't have any right to insult a person, who has tried to guide you correctly. As a CEO, I hope you are well aware of this protocol. Also, I am sure, your eyesight is not so weak to fail you reading my name correctly at both the occasions.
H.S.ACHARYA
(Querist) 13 July 2013
Dear Mr. Dhingra,
Sorry for not using correct spellings. I was using my I pad while sending the message while travelling in the car could not check it properly and it was a typographical error.
Guest
(Expert) 13 July 2013
Mr. Acharya,
I could not find any typographical error in the whole text of your queries or supplementary information. Was that to happen in typing my name only and at both the times?
Anyway, thank you very much.
