payment of gratuity

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venumadhav (Querist)
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07 May 2011 Respected members,

I want to know about payment of gratuity ,

Eg. 1 employee working in a company from 9 years and resigned from job and applied for gratuity, than HR told he will not get gratuity because maximum service he was in offroll (not deducted PF, ESI etc). Is this a correct reason to not pay gratuity to him. please give brief details regarding this.

Pravin Kumar Karn

Pravin Kumar Karn (Expert)
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09 May 2011 Dear Venumadhav,
to be eligible for gratuity there should be employment of 5 years. If person was on roll of compnay without PF ESIC then he is eligible for gratuity. If he was working on retainership basis then he is not eligible for gratuity.