Gratuity Payment Related

Hi I have completed five years in a Startup company recently. Now I have got new opportunity from an MNC and I will be shifting this month. When I asked my manager about gratuity, he said we did't had any provision for gratuity and we haven't deducted any amount on account of gratuity, ultimately they are denying to pay. 7-8 months earlier we had business meeting, where HR has given presentation about new policies and other things, she has mentioned about gratuity benefits to the eligible employees. I just wanted to confirm that the company has to pay Gratuity mandatorily to the employee who has completed 5yrs or it is not mandatory. Please advice.
Thanks
Sachin

Dear,
If any employee has completed 4 years and 240 days continuous services. He/She is eligible to get Gratuity. It is mandatory to pay the gratuity.
Legally employer cannot denied to pay the same.
FYI
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
(4) It shall come into force on such date as the Central Government may, by notification, appoint.

Dear,
Once employee has completed 4 years 240 days continuous service, legally he is eligible to get gratuity.
for more clarification read the below detail.
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
(4) It shall come into force on such date as the Central Government may, by notification, appoint.

The company required to pay you the gratuity provided it employs or had employed 10 persons or more.

Dear, due to some technical issue my post is incomplete.
Anyhow legally you are eligible to get gratuity. If any employee has completed 4 years & 240 days of continuous services legally he is eligible to get Gratuity. Employer cannot denied to pay the same.
Must follow the post of [Login to view]. (company has employed 10 persons in preceding 12 months).

Inform your HR manager that you have checked with your lawyer and you have been advised that you are entitled for Gratuity. Tell her to check with company lawyer and then revert.
You could also fill up the gratuity claim forms and send it by registered post to the company seeking gratuity. In the covering note, you may mention that as per law they have to make payment within the x number and of days. Am sure someone will guide you on the correct procedure. If not you can search in the thread for gratuity.

""When I asked my manager about gratuity, he said we did't had any provision for gratuity and we haven't deducted any amount on account of gratuity, ultimately they are denying to pay. ""
You are entitled for gratuity.
Your manager is ill informed when he says-they have not deducted anything for gratuity'
The company is not expected to deduct anything from employee for gratuity.
It is a liability for the company to pay.

you may send gratuity claim form I through registered post, they have to pay your gratuity amount within 30 days as per the rules. its employer responsible to pay gratuity to eligible employees.
please give more details like, DOJ/DOL/ last drawn salary of Basic + DA for giving more clarity.
Regards
A.Selvaraju

Section 1 of the Payment of Gratuity Act, 1972 provides the answer:
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT. –
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to –
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.

As per the payment of gratuity act 1972. It becomes statutory obligation of the Employer to pay gratuity to the employee who have completed 05 years of continuous services where 10 or more persons are employed