PAYMENT OF GRATUITY ACT, 1972

Assessing the applicability of the enactment

Preparation of notice of opening

Advising on gratuity trust and its formation

Advising on obtaining gratuity policy

Advising on preparation of various notices, abstracts etc.

Enactments

BRIEF DETAIL OF THE ENACTMENT

An employee expects and deserves, as a matter of right, some reward when he retires after a long meritorious service. The enactment of the Payment of Gratuity Act, 1972 has fulfilled this expectation of an employee. Under the Act an employee becomes entitled to earn gratuity after putting in continues service of minimum five years (except in death and disablement due to accident / disease). When employee dies while in service his nominee or heirs are entitled to get gratuity even if the employee had put in less than 5 years’ service. The amount of gratuity is restricted to Ten Lakhs rupees

APPLICABILITY

Every factory as define in factories Act

Every shop or commercial establishment in which 10 or more persons are employed

Gratuity is payable on the basis of last drawn salary

REQUIREMENTS

Notice of opening need to be submitted

Nomination form need to be obtained

It is advisable to have gratuity policy

Abstract and other notices need to be displayed on the notice board

CONSEQUENCES

Payment of gratuity to employees is compulsory, employee can apply / appeal to authorities