If I ask 35 years old worker to leave job do I have to pay gratuity

889 votes

Your question lacks clarity. I assume you are asking if a person has worked for 35 yrs fir you do you have to pay him gratuity? Answer is yes you are bound to do so. Gratuity is 15 days wages for every completed year and if part year is above 6 months then it is counted as one year otherwise ignore. It is to be noted that gratuity is payable if you have 10 or more employees in your establishment.

Advocate Charu Mathur LawRato

876 votes

You are required to give more facts as to size of the company or organizations or size of the office, number of employees. The terms and conditions of employment etc. It will be difficult to advise without such informations. Such opinion can be rendered on knowledge of complete facts. Regds

Advocate Wg Cdr Ajit Kakkar (Retd) LawRato

680 votes

There is no obligation upon you to pay any such allowance or gratuity amount to your employee. I suppose you must be having contractual arrangement with your employee and that too oral for payment on a monthly basis. The nature of employment is temporary and ad hoc. Therefore there is no liability for any such payment unless mutually agreed, subject to further details.

LawRato LawRato