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Gratuity entitlement

(Querist) 27 May 2024 This query is : Resolved 
A person worked in private care centre for 6 years where there were only 10 employee. Can he be entitled for gratuity under the gratuity act. Since employer not paying can case be filled before labour court or civil court
kavksatyanarayana (Expert) 27 May 2024
Issue legal notice to the employer and not respond to file a case before the Labor Commissioner.
T. Kalaiselvan, Advocate (Expert) 27 May 2024
Employees Covered Under the Payment of Gratuity Act
Once the Act becomes applicable to an employer, even if the number of employees goes below 10, gratuity is still applicable. The least of the following is exempt from tax: Last salary (basic + DA)* number of years of employment* 15/26;
Companies with a workforce of 10 or more than 10 employees on a single day in the previous 12 months are subject to pay gratuity. Even if the employees of the company are reduced to below 10, it will still be liable to pay the gratuity, as per the Gratuity Act.
P. Venu (Expert) 04 June 2024
The ex-employee can prefer the claim of gratuity with the employer in the form as specified.
raju (Querist) 10 June 2024
Employer not paying gratuity due to removal of service since no enquiry was held and also withheld salary and earned leave for six years. What remedy
T. Kalaiselvan, Advocate (Expert) 10 June 2024
You may resort to initiate legal action to recover your dues.
Isaac Gabriel (Expert) 29 June 2024
You can sen a notice to the employer in Form I seeking the gratuity amount .If not acceded to, file a case in Form N with jurisdictional commissioner of Labour without the help of lawyer.
S.JEEVAGAN, Madurai. (Expert) 03 July 2024
If a person had worked for a single company for more than five years, he/she is definitely entitled to a gratuity. However, he/she must have five consecutive years of service with the same employer over these five years. It means that there should not be any gaps in his/her employment. If so, such a worker can claim gratuity as of right by legal means.

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