![]() To be eligible, an employee has to render his/her services for 5 continuous years. Employees have to complete 5 years of service to be eligible – If the number of employees of the same organisation reduces to under 10, it will still have to pay the gratuity, as per regulations of the Act.Ģ. Organisations with a workforce of 10 employees on a single day in the preceding 12 months are liable to pay gratuity. Gratuity is payable if an organisation employs 10 or more individuals – Rules pertaining to the applicability of gratuity are mentioned below –ġ. Private organisations can come under its purview subject to fulfilment of certain conditions. The act was passed by the Parliament on 21st August 1972 and came into force on 16th September the same year.Īll central and state government departments, defence, and local governing bodies are covered under this act. The gratuity rules are mandated under the Payment of Gratuity Act, 1972. Full details of his firm on: Readers may e-mail their questions to: or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.Gratuity is a lump sum amount that employers pay their employees as a sign of gratitude for the services provided. He is qualified to practise law in Dubai, the United Kingdom and India. It is recommended that you contact the Ministry of Human Resources and Emiratisation for more clarification regarding the said matter.Īshish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. This is in accordance with Article 135 of the Employment Law, which states: “The employer may deduct any amounts due to him from the employee's end of service remuneration.”Īlternatively, you may consider requesting your employer to grant you a loan against your gratuity. Thereafter, while you are resigning or retiring, your employer will deduct this amount when paying your end of service benefits. While releasing the gratuity in advance, your employer may also take a signed undertaking from you, confirming that you have already withdrawn a certain amount. Based on this, your employer may consider your request and may release your gratuity amount or a part of it. ![]() However, considering your long-term relationship with your employer, you may make a written request to release your gratuity as on date. > Key decision: What to do with gratuity moneyĪn employee is entitled to gratuity if his or her service period with the employer is at least one year he or she is not terminated from employment on grounds as mentioned in Article 120 of the Employment Law if the employee does not leave the employment on his or her own accord without serving notice period and other conditions mentioned in Article 121 of the Employment Law. UAE: Is it legal for my employer to settle my gratuity in instalments? ![]()
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