Doubt in gratuity

Gratuity once paid  can't be recovered by the employer. It is co ntributd by employer as  a token of recognition of taking employees services from him or for his organization.

Hi Usha Madam,

Greetings and Thanks for the reply. Could you please suggest, What could I do, If I am asked by the Employer in written / orally  stating to pay the gratuity amount for recovery.

Approach  alabor court with the aforsaid allegations.Certainly you'ds get relief.Or ignore his calls telephonically and  personally as well  and let himgo whereever he want to. Let us see what the court would say?

Although I'm answering many of your queries correctly why I'm not getting  likes. 3 days ago around 8 o clck I answered some queries and got 4 thanks. Please restore that practice againl. we'd feel enthused to answer if you award likes. Tell all your colleagues alsoThanks in  advance.Ecce[ptg thanks/Likes there is no other charm is there here. No money.Admin has given standing instructions to you all not to give thanks even if you give not more than 1.? PLease restore the old practice of  announcing the results  after answering your queries or  on the same day as before or few months ago.Currently we are getting only 1 thank even  ifwe answer all 10 queries.

Have you dowloaded the aspplicable Gratuity Rules?

Which Gratuity Rules apply to establishment?

For any reason if you do not want to share in the thread then prefer consultation with a local senior and very able lawyer of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters ,............as posted by you.

If you wish you may also check with LCI expert Mahoday Sudhir Kumarji.

Thanks for your suggestion.

Hi Usha,

Thanks for your precious advice. I stand corrected. Yes I am thankful for your suggestion.

Thanks

Hello,

Thanks for your reply.

Currently I m working for a Software Company and have no issues with that.

Previous organization was an Autonomous Society under GOI which paid the gratuity, which I have stated above.

Hi.

Thanks for the reply.

I have a doubt here. Is the Gratuity rule is common for all Autonomous socitey of GOI as well as Pvt. Ltd. Software Companies ?

Have you dowloaded the applicable Gratuity Rules of previous establishment? 

Which Gratuity Rules apply to previous establishment?

 

Hello Sri!

Legal Remedies:

According to Section 4(6) of the Payment of Gratuity Act, if the gratuity amount has been paid to an employee due to an error, misrepresentation, or fraud, the employer has the right to recover the amount.

However, the recovery must be made within one year from the payment date of the gratuity, and the employer must provide a valid reason for the recovery.                                                                                                                                                                                If the principles of  the above mentioned sections are not fulfilled then the employer has no right to ask the already paid gratuity back from the employee.

If you believe that the recovery is not justified or if you have any concerns regarding the process, it is advisable to consult with a lawyer who specializes in labor laws to understand your rights and options.

For more detailed information about gratuity visit digilawyer