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Sri Lankan Law Forum » Employment Law Forum » Gratuity payment for a domestic worker

Gratuity payment for a domestic worker

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1 Gratuity payment for a domestic worker on Fri Oct 20, 2017 10:57 am

My Lawyer

I am a domestic worker, working in a house and looking after a patient for five years. Am I entitled for Gratuity? If so, on what grounds the Gratuity payment can be forfeited?

2 Re: Gratuity payment for a domestic worker on Fri Oct 20, 2017 10:58 am

My Lawyer

As you are a domestic worker, you are not entitled to Gratuity payment. Under The Payment of Gratuity Act No. 12 of 1983, the following are not entitled for Gratuity:

* Domestic workers

* Personal chauffeurs in private households

* Employees of co-operative societies

* Employees who are entitled to a pension under any non-contributory pension scheme

* Workmen designated under the Indian Repatriates (Special Provisions) Law of 1978

* Any establishment employing less than 15 persons during the period of 12 months immediately preceding the termination of services of a worker

Gratuity can be forfeited only if someone is terminated for following reasons:

* Fraud

* Misappropriation of funds of the employer

* Willful damage to property of the employer

* Causing the loss of goods, articles or property of the employer

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