Hi, Is a retired employee eligible for gratuity if he joins a company at the age of 61 (After full time employment and retirement from govt. sector) and continuing over 10 years of service into direct employment in same company.The company doesn't have any gratuity fund under LIC.
From India, Kolkata
From India, Kolkata
once retired you lost the right to claim gratuity after 58 years of age. But it is purely a management option to grant you gratuity for service after your retirement.
From India, New Delhi
418From India, New Delhi
Dear Friend,
After retirement certainly some of the companies want the services of the retired employee on several counts. The payment will be as fees/honorarium/consultancy procedures/consolidated amount etc., some of the organisations deduct income tax accordingly. In your case better claim amount without mentioning gratuity, also, kindly verify you are not a regular in the regular service, if they have made yourself as a regular employee, you have the right to get all benefits of regular employment for these ten years. There is no interference of law in these services.
best of luck....
From India, Arcot
After retirement certainly some of the companies want the services of the retired employee on several counts. The payment will be as fees/honorarium/consultancy procedures/consolidated amount etc., some of the organisations deduct income tax accordingly. In your case better claim amount without mentioning gratuity, also, kindly verify you are not a regular in the regular service, if they have made yourself as a regular employee, you have the right to get all benefits of regular employment for these ten years. There is no interference of law in these services.
best of luck....
From India, Arcot
As per the gratuity Act it is immaterial whether the employee is retired and reemployed or not.All that matters is whether the Act is applicable to the employer and whether the employee has completed five years completed service.
Another point is ,if the employee has got Rs ten lacs rupees as gratuity from his earlier Company under the POG Act 1972, the gratuity he receives from the next Company will be taxable.
Varghese Mathew
Freelance consultant
0471 2542059
From India, Thiruvananthapuram
Another point is ,if the employee has got Rs ten lacs rupees as gratuity from his earlier Company under the POG Act 1972, the gratuity he receives from the next Company will be taxable.
Varghese Mathew
Freelance consultant
0471 2542059
From India, Thiruvananthapuram
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc