Non payment of salary

raju (Querist) 09 June 2023 This query is : Resolved
Private hospital having upto 15 employees. My query is on two points:
1) Salary not paid by the hospital
2) After 5 years can claim gratuity

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Quick Summary

This discussion addresses concerns about unpaid salaries and gratuity for employees at a private hospital with up to 15 staff. It clarifies that employees are entitled to claim unpaid salaries and that gratuity is payable under the Payment of Gratuity Act, 1972, if the hospital has 10 or more employees. It also highlights the importance of understanding employment terms and conditions before joining.

Sudhir Kumar, Advocate (Expert) 09 June 2023
no salary no gratuity.

kavksatyanarayana (Expert) 09 June 2023
Did you not inform by the pvt. hospital regarding the rules? It is your responsibility before joining to know the rules and conditions of the employment.

Sudhir Kumar, Advocate (Expert) 10 June 2023
query is too vague to form any view. How an a body recruit employees on the condition of no salary?

T. Kalaiselvan, Advocate (Expert) 10 June 2023
If the salary was not paid by the hosp[ital employer then what was paid, whether it was a remuneration ?
If yes then you may not be on the rolls of the employer as a staff, in that case you may not become eligible for gratuity.

Isaac Gabriel (Expert) 10 June 2023
If you had worked for a minimum per0d of.five years, you are entitles for gratuity provided there were 10 members on the role.

Dr. J C Vashista (Expert) 25 June 2023
1. If salary is not paid to any of the 15 employees why do the employees work for the hospital? However, salary can be claimed as per procedure..

2. Yes, gratuity is payable as per rules prescribed under Payment of Gratuity Act, 1972 which includes 10 or more employee working continuously

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