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Gratuity Eligibility If Opted Out From PF Contribution In A Company - CiteHR

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manibabu74
Iam working in one construction company since from last 3 years and the HR people asked me during joining whether i can opt for PF or not? then i want exemption from PF deduction in my salary.Now my doubt is whether iam eligible for getting gratuity after working in this company for a period of 10 years or more
From India, Bangalore
sumitk.saxena
252

Membership of EPF/EPS is different and for eligiblity for payment of gratuity is different so never interlinked both the subject. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
manasksingh@bluestarindia.com
2

Both are different acts. You are eligible for gratuity as per rules. But if you will not be eligible for pension, which is against gratuity deposited in LIC Regards
From India
nomansari
A person completed 5 years in a organisation is eligible for Gratuity
From India, Mumbai
9871103011
455

Dear manibabu,
The members have rightly pointed out that PF and Gratuity are governed under different Acts and Rules and as such one should not get confused by relating one another.Though I agree that both the Acts i.e EPF & MP Act and Payment of Gratuity Act are social security legislation and have been enacted primarly to provide relief to the working class. The gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years (a) on his superannuation or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease.It is further provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
In view of the, subject to the fulfilment of other conditions,I am of the opinion that you will be certainly eligibilty for the payment of gratuity.
BS Kalsi

From India, Mumbai
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