service matters -Gratutiy
Pemmaraju Srinivasa Prabhu
(Querist) 03 February 2011
This query is : Resolved
A person with 24 yrs of expereince was terminated. whether he is elgible for Gratuty
M.Sheik Mohammed Ali
(Expert) 03 February 2011
your query is not clear, but he can claim gratuity,minimum 5yrs working in a company, he has rights to claim
Kirti Kar Tripathi
(Expert) 03 February 2011
Yes, he is eligible for gratuity under the Payment of Wages Act. the gratuity of an employee can be forfeited only on the conditions as laid down in section 4(6) of the act
(6) Notwithstanding anything contained in sub-section (1), -
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused.
(b) the gratuity payable to an employee may be wholly or partially forfeited]¬ -
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
