Is there is any age restriction in payment of gratuity and if employee-aged-more-than-60-years is entitled for gratuity after rendering five years continuous service
From India, Bhubaneswar
From India, Bhubaneswar
Dear Das,
There is statutory restriction on the age of entry into any paid employment but no mandate on the age of exit. Gratuity is an employment benefit particularly entitling an employee on the termination of his employment after a spell of a minimum qualifying service under the same employer. If the age of retirement on superannuation is prescribed under the contract of employment or service regulations applicable, that should normally be followed. There can be extension of the services of an employee for some more time out of necessity subject to the willingness of both the employer and the employee concerned in which case the extended service should also be taken into account for the purpose of computation of gratuity. Therefore, age of the employee on the date of termination of his employment cannot be a factor in the matter of gratuity.
From India, Salem
5967There is statutory restriction on the age of entry into any paid employment but no mandate on the age of exit. Gratuity is an employment benefit particularly entitling an employee on the termination of his employment after a spell of a minimum qualifying service under the same employer. If the age of retirement on superannuation is prescribed under the contract of employment or service regulations applicable, that should normally be followed. There can be extension of the services of an employee for some more time out of necessity subject to the willingness of both the employer and the employee concerned in which case the extended service should also be taken into account for the purpose of computation of gratuity. Therefore, age of the employee on the date of termination of his employment cannot be a factor in the matter of gratuity.
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc