Payment of gratuity under gratuity act 1972

abhijit majumder (Querist) 22 January 2021 This query is : Resolved
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If the terms & conditions of an employee is silent on payment of gratuity, then a employee who served the company for more than 5 years continuously (precisely 10 years 7 months) can claim gratuity under gratuity act 1972?
I am asking the query as because as per sec 4A Gratuity Act 1972 a person who served the Company for more than 5 years continuously is entitled to claim gratuity.
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Abhijit Majumder

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If an employment contract doesn't mention gratuity, employees who have served continuously for over five years can still claim it under the Payment of Gratuity Act 1972. This applies to companies employing ten or more people, provided the employee meets the minimum service duration. Therefore, an employee with 10 years and 7 months of service is entitled to gratuity, regardless of the silence in their terms and conditions.

SHIRISH PAWAR, 7738990900 (Expert) 22 January 2021
Hello,

If a person in continuous service of 10 years and 7 months then he is entitled to gratuity. It will not matter that terms and conditions are silent on payment of gratuity.

Advocate Bhartesh goyal (Expert) 22 January 2021
Payment of Gratuity Act applies on those concerns where ten or more than ten persons are employed or works and employee must have worked continuous in service of more than five years.it is immaterial that terms and conditions of employment is silent in regards to gratuity.if employer and employee fulfill the above conditions than you are entitled to get the benefit of gratuity

kavksatyanarayana (Expert) 23 January 2021
If in that company more than 10 employees working then you will get gratuity as you worked 10 years above.

abhijit majumder (Querist) 25 January 2021
Thanks To all experts
Abhijit Majumder

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