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Employer duty to determine and pay gratuity - Payment Of Gratuity Act(1972), Industrial Laws Video Lecture | Industrial Laws - B Com
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FAQs on Employer duty to determine and pay gratuity - Payment Of Gratuity Act(1972), Industrial Laws Video Lecture - Industrial Laws - B Com
| 1. What is the Payment of Gratuity Act (1972)? |  |
Ans. The Payment of Gratuity Act (1972) is a legislation in India that mandates employers to provide gratuity payments to their employees. It ensures that employees receive a certain amount of money as a token of appreciation for their service at the time of retirement, resignation, or death.
| 2. What is the employer's duty regarding the determination of gratuity? | |
Ans. According to the Payment of Gratuity Act (1972), it is the employer's responsibility to determine the amount of gratuity payable to an employee. The calculation is based on the employee's last drawn salary and the number of years of service completed. The employer must accurately calculate and pay the gratuity amount within the specified time frame.
| 3. Does the Payment of Gratuity Act apply to all employees? | |
Ans. No, the Payment of Gratuity Act (1972) applies to specific categories of employees. It covers employees who have worked in factories, mines, oilfields, plantations, ports, railways, and establishments with ten or more employees. However, it does not apply to employees covered under the Central Civil Services (Pension) Rules or the Army Act.
| 4. Can an employer delay or refuse to pay gratuity to an employee? | |
Ans. No, an employer cannot delay or refuse to pay gratuity to an eligible employee. The Payment of Gratuity Act (1972) mandates that gratuity must be paid within 30 days from the date it becomes payable. If an employer fails to make the payment within the specified time, they may be liable to pay interest on the amount due.
| 5. What should an employee do if their employer does not pay gratuity as per the Act? | |
Ans. If an employer does not pay gratuity as per the provisions of the Payment of Gratuity Act (1972), the employee can file a complaint before the Controlling Authority appointed under the Act. The employee should submit the complaint in writing, mentioning the details of non-payment or delayed payment. The Controlling Authority will then initiate the necessary action to resolve the issue and ensure the employee receives their gratuity.
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