Can employee claim his gratuity if company not mentioned the same clause in letter

Hi everyone,

Can an employee claim his gratuity if the company does not mention the same clause in the appointment letter or offer letter after completing his 5 years?

Thanks.

Even if not mentioned in the offer letter, gratuity will be payable.

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 insofar 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. [(3-A) 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.

Gratuity is not necessarily mentioned in the offer letter. It is an act. When the number of employees crosses the minimum level mentioned in the act, the company automatically will be governed by it.

And when an employee continuously works in the same company for 4 years and 240 days, the employee becomes eligible to exercise the benefits of the gratuity act.

It does not matter whether the payment of gratuity is mentioned in the appointment letter or not. By virtue of statute, an employee is entitled to gratuity if he completes the fixed term as per the act, or dies during service, or on superannuation, as the case may be.