Grauity

This query is : Resolved 

14 March 2013 Can an employee of a company which is covered under payment of gratuity act opt out of such payment?

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 Gratuity is additional monetary benefit to employee other than salary..


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

But why on earth somebody will deny money?

15 March 2013 Dear Prashant Sir,

In one of the audits an employee has given a statement that he does not want the gratuity amount and hence this doubt raised.


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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