Query About Gratuity Payment

Dear All,
If employer terminates the employment of an employee who works more than 5 years in the company, in this case is employer liable to pay gratuity to that employee?
Please suggest.
Thanks & regards..
Varsha
Nagpur.

Hi Varsha,
1.Gratuity is payable if an employee has put continuous* service of 5 years.
*continuous service according sec 2A of the Gratuity act 1972

Gratuity should be paid irrespective of whether the employee left the job on his own or removed by the company.

Dear Varsha,
Company should pay gratuity to employee has resigned or company is terminating him if employee has completed 4 years and 240 days in 5th year. As per amendment in Gratuity Act, Gratuity applicability on 4 years and 240 days.
Thanks & Regards,
Dashrathsinh Jhala

Dear Varsha,
Company should pay gratuity to employee has resigned or company is terminating him if employee has completed 4 years and 240 days in 5th year. As per amendment in Gratuity Act, Gratuity applicability on 4 years and 240 days. A judgement given by madrash high court to the same case completed 4 years and 240 days thus the employeer paid gratuity.
Thanks & Regards,
Anil Sharma
8449347347

In the given case, if the termination was not as a result of any disciplinary action, the employee cannot be denied gratuity as per section 4(6) of the Payment of Gratuity Act.