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How to get gratuity from employer


28-May-2023 (In Labour & Service Law)
My employer says that i am not eligible for Gratuity from 2005 to 2016. Retired on 31-12-2016. have asked the Manager but there was no answer. Can i file a case against the Employer.
Answers (1)

Answer #1
559 votes
An employee who has rendered at least five years of service becomes entitled to the said benefit. The pre-requisite of 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 to the extent that the person is literally unable to provide the required services. In the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

You will have to apply for the same to the employer or the labour tribunal or you can file a recovery suit in the civil court.
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