Dear All,
Please advise is there any upper age limit for applicability of gratuity act, i.e. if we consider the superannuation age 58 years and a person joins after 58 years, is he comes under gratuity act.
Regards
Jagan
From India, New Delhi
2Please advise is there any upper age limit for applicability of gratuity act, i.e. if we consider the superannuation age 58 years and a person joins after 58 years, is he comes under gratuity act.
Regards
Jagan
From India, New Delhi
Age is not a bar for the claim of gratuity. There is no such provison which prohibts an employee after attaining superannuation to claim gratuity.
If the employer retained a person after retirement or appointed him after retirement , the employee, who has completed continuous service of not less than 5years is entitled for gratuity.
From India, Pune
If the employer retained a person after retirement or appointed him after retirement , the employee, who has completed continuous service of not less than 5years is entitled for gratuity.
From India, Pune
Dear Mr. Kamal,
Thanks for reply. You clause may be applicable for thoes persons who are supernuatted and again reappointed in the same company. But whatabout outsiders who joins after 58 years. Is Gratuity is compulsory applicable for them if we take them on rolls?
Regards
From India, New Delhi
Thanks for reply. You clause may be applicable for thoes persons who are supernuatted and again reappointed in the same company. But whatabout outsiders who joins after 58 years. Is Gratuity is compulsory applicable for them if we take them on rolls?
Regards
From India, New Delhi
Dear Jagan,
Generally someone joining after the age of 58 years works as Consultants (professionals) and they get monthly lumpsum payment (Profressional Charge ) as per the employment against the invoice raised by them.
If a clause is mentioned in the contract that EPF and gratuity will not be applicable then no question of gratuity applicability.
But if a person is joining on roll then gratuity will be applicable.
From India, Pune
Generally someone joining after the age of 58 years works as Consultants (professionals) and they get monthly lumpsum payment (Profressional Charge ) as per the employment against the invoice raised by them.
If a clause is mentioned in the contract that EPF and gratuity will not be applicable then no question of gratuity applicability.
But if a person is joining on roll then gratuity will be applicable.
From India, Pune
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
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