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Section 53
To receive gratuity
: (1) The employer must deposit an amount equal to 8.33 percent of the basic salary of each worker for gratuity every month.
(2) The employer shall deposit the amount as per sub-section (1) in the social security fund in the name of the concerned worker so that it becomes applicable from the day he/she starts working.
(3) Notwithstanding anything written in sub-section (2), in the following cases, the amount of such gratuity shall be collected by the employer as prescribed:-
(a) until the Social Security Fund is established and operational, or
(b) Until the law relating to social security fund is enforced in the case of the employer concerned.
(4) In the case of workers who do not have to give gratuity before the commencement of this Act, the employer shall give gratuity as per subsection (1) from the date of commencement of this Act.
(5) At the time of the commencement of this Act, the amount of gratuity accumulated in the retirement fund or any other similar fund or in charge of the employer shall be transferred to the social security fund as prescribed after the commencement of this Act.
(6) Notwithstanding anything written elsewhere in this section, if the amount of gratuity cannot be collected according to sub-section (2) or (3) for any reason, the employer shall pay the worker an additional amount of 8.33% of the basic salary of such worker.
(7) …………………………………………………….
(2) The employer shall deposit the amount as per sub-section (1) in the social security fund in the name of the concerned worker so that it becomes applicable from the day he/she starts working.
(3) Notwithstanding anything written in sub-section (2), in the following cases, the amount of such gratuity shall be collected by the employer as prescribed:-
(a) until the Social Security Fund is established and operational, or
(b) Until the law relating to social security fund is enforced in the case of the employer concerned.
(4) In the case of workers who do not have to give gratuity before the commencement of this Act, the employer shall give gratuity as per subsection (1) from the date of commencement of this Act.
(5) At the time of the commencement of this Act, the amount of gratuity accumulated in the retirement fund or any other similar fund or in charge of the employer shall be transferred to the social security fund as prescribed after the commencement of this Act.
(6) Notwithstanding anything written elsewhere in this section, if the amount of gratuity cannot be collected according to sub-section (2) or (3) for any reason, the employer shall pay the worker an additional amount of 8.33% of the basic salary of such worker.
(7) …………………………………………………….