| Dear Aanchal, What do you mean by company does not have gratuity Fund. As per Act if there is ten employees worked during twelve months. The act will applicable & employer have to pay. If they denied, employee can put the case under Industrial Disput Act-1947 & Employer have to pay Gratuity alongwith Intrest. Rgds/Jitender Dear if an employee has worked more than 5 years in an establishment ,he is entitle to get gratuity when he quits the job.there is no question of gratuity fund. than u will say company does not have wage fund so he will not pay wages. dear sir it is not like that ,if gratuity act is applicable to company than they have to pay. tks j s malik Dear Jitender, The Payment of Gratuity Act 1972 clearly describes that an employee can claim grauity in following circumstances: Eligibility He / She is eligibile only when an employee completes completely 5 years but not only completing 4 years six months 1 day or 29 days but after completing of five years the fraction of above six months will be treated as one completed year. Claim He / She can claim only at the time of (a) Resignation (b) Retirement (c) At the time of death, then the nominee can claim the gratuity, therefore the HR department should take nomination form in form 'F' just like PF declaration form at the time of joining itself in whcih nominee will be mentioned. Hope the matter is clear. Thanks & Regards, M Srinivas Asst Manager - HR Ramky Group of Companies Hyderabad 9866005600
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