Gratuity

Can the employer (a Builder ) stop payment of gratuity under any pretext ,after working 28 years as a employee and 10 years as a consultant. The recourse avaiable to such employees more  

For the period during employment gratuity becomes payable provided there is unbroken service without any serious disciplinary issues. There should also be the criteria that your terms of service included gratuity in the first place i.e. your employer was employing 10 or more workmen. A consultant or freelancer cannot claim gratuity. more  
As an employee, you are entitled for gratuity but not as a Consultant. The employer cannot stop payment of your gratuity but you need to submit an application claiming gratuity. If the employer fails to pay, you can approach competent authority under the Act. more  
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