Narasimha Prasad (Manager - Accounts and Finance) (44 Points)
06 March 2009Dear All,
One of the employee is completed 4 years and 11 months, but company is not willing to pay any gratuity.
Can employee take any legal step in this regard.
Thanks in advance
Prasad
Viswasbhatt
(SERVICE)
(85 Points)
Replied 08 March 2009
I think employee can take legal action in this case even after completion of 6 months of fifth year.
LAXMIKANT JAIPURKAR
(Practicing Company Secretary/Tax Consultant)
(403 Points)
Replied 10 March 2009
In my opinion, the payment of gratuity will be payable only on completion of 5 years. It will not be possible in case of the employee has resigned, employer has terminated the employee.
But it is possible, if the said employee gives the leave application for 1 month till the completion of 5 years and then he resigns from the duties and it is accepted by the employer after completion of 5 years.
payal gupta
(ca final student)
(482 Points)
Replied 29 March 2009
acc. to employees gratuity act :- gratuity is payayable to an employee only ater or on complition of continuous service of 5 yrs.
CAclubindia
