All categories
Practical Guide to Payment of Gratuity Act and Rules

Practical Guide to Payment of Gratuity Act and Rules

  • ₹375.00

In Stock

.............................................................................................................................
Description
Gratuity is a kind of retirement benefit like provident fund or pension. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but the Payment of Gratuity Act makes it compulsory. Now gratuity is essentially a retiring benefit payable to a workman which as per the statute has been made payable on voluntary resignation as well. Gratuity is a reward for good, efficient and faithfulservice rendered for a considerable period. In labour jurisprudence the concept of "gratuity" has undergone
a metamorphosis over the years. The dictionary meaning may suggest that gratuity is a gratuitous payment, a gift or a boon made by the employer to the employee as per his sweet-will. It necessarily means that it is in the discretion of the employer whether to make the payment or not and also to choose the payee as well as the quantum of payment. However, in the industrial adjudication it was considered as a reward for a long and meritorious service and its payment, therefore, depended upon the duration and the quality of the service rendered by the employee.
.............................................................................................................................
Contents
The Payment of Gratuity Act, 1972
1.    Short title, extent, application and commencement
2.    Definitions
2A. Continuous Service
3.    Controlling authority
4.    Payment of gratuity
4A. Compulsory Insurance
5.    Power to exempt
6.    Nomination
7.    Determination of the amount of gratuity
7A.  Inspectors
7B.  Powers of Inspectors
8.    Recovery of gratuity
9.    Penalties
10.  Exemption of employer from liability in certain cases
11.  Cognizance of offences
12.  Protection of action taken in good faith
13.  Protection of gratuity
13A. Validation of payment of gratuity
14.  Act to override other enactments, etc.
15.  Power to make rules
Day to Day Clarifications
Obligation of Employers under the Payment of Gratuity Act, 1972
1.    To give notice of application of the Act to the Controlling Authority
2.    To Make Payment of Gratuity to the Employee or his/her nomiee
3.    To determine the amount of gratuity
4.    To deposit the gratuity of a deceased employee under certain circumstances
5.    To give notice of opening, change or closure of establishment
6.    To display notice
7.    An Opportunity of Hearing has to be given to an Employee before Forfeiting his Gratuity
8.    To obtain nomination from the employees
9.    To Intimate the Employee when his Claim for Gratuity is Rejected
10.   To display the abstract of the Act and Rules
11.   Intimation to Authority about Payment of gratuity
12.   Penalties
The Payment of Gratuity (Central) Rules, 1972
Calculation of Gratuity

Subject Index
.............................................................................................................................
Author Details
H.L. Kumar
, Advocate Supreme Court of India, Editor, Labour Law Reporter
Gaurav Kumar, MBA, LL.M., Advocate
.............................................................................................................................

Write a review

Please login or register to review

Similar Products

Recently Viewed