Payment of gratuity under gratuity act 1972
abhijit majumder
(Querist) 22 January 2021
This query is : Resolved
To
The experts
If the terms & conditions of an employee is silent on payment of gratuity, then a employee who served the company for more than 5 years continuously (precisely 10 years 7 months) can claim gratuity under gratuity act 1972?
I am asking the query as because as per sec 4A Gratuity Act 1972 a person who served the Company for more than 5 years continuously is entitled to claim gratuity.
Regards
Abhijit Majumder
SHIRISH PAWAR, 7738990900
(Expert) 22 January 2021
Hello,
If a person in continuous service of 10 years and 7 months then he is entitled to gratuity. It will not matter that terms and conditions are silent on payment of gratuity.
Advocate Bhartesh goyal
(Expert) 22 January 2021
Payment of Gratuity Act applies on those concerns where ten or more than ten persons are employed or works and employee must have worked continuous in service of more than five years.it is immaterial that terms and conditions of employment is silent in regards to gratuity.if employer and employee fulfill the above conditions than you are entitled to get the benefit of gratuity
kavksatyanarayana
(Expert) 23 January 2021
If in that company more than 10 employees working then you will get gratuity as you worked 10 years above.
abhijit majumder
(Querist) 25 January 2021
Thanks To all experts
Abhijit Majumder
