14 March 2013
an employee can't decided on gratuity and what is harm of employee if he is in gratuity. if he will stay till 5 years he will get additional amount
14 March 2013
I think Company has shown Gratuity in CTC break up of employees and you wish to opt out and receive the amount along with monthly salary. If this is the case, it is not possible.
14 March 2013
the employee is going to retire this year and he has informed the company that he does not want the gratuity amount.. my doubt is can the employee deny this amount?
14 March 2013
It is legal responsibility of employer to pay gratuity within 30 days from the date on which one employee has become eligible for same.
It is possible that employee claims his gratuity in future, and then employer may require paying gratuity with interest.
In case employee is not ready to receive the payment, employer should deposit the amount with appropriate authority. This will help to avoid any sort of problem in future.
15 March 2013
Dear Darshan if i am not ready to get my gratuity then how anybody can focefully give me that. so employee can deny its his wish employer will keep this money in record as payable simple
15 March 2013
There is a provision that an employee can claim his gratuity in form 10I (I think) but there is no such provision in gratuity Act to deny the gratuity due from employers.
As said earlier, employee may come in front any time in future to claim the amount, so it is advisable to deposit his gratuity with appellate authority under Payment of Gratuity Act.
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