The Goa Social Security (Draft) Rules, 2021.

LegalitySimplified

The Government of Goa on 25th November 2021 has published the Draft Goa Social Security Rules, 2021 and has invited objections/suggestions from the public which shall be addressed to the Secretary (Labour), Secretariat, Porvorim within forty-five days.

As per the Draft Rules, An employee who is eligible for payment of gratuity or any person authorized, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-II hereto to the employer:

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement:

Provided further that an employee on fixed term employment shall be eligible for gratuity, if he renders service under the contract for a period of one year and he shall be paid gratuity at the rate of fifteen days’ wages, based on the rate of wages last drawn by him, for every completed year of service or part thereof in excess of six months.

Further, Within fifteen days of the receipt of an application for payment of gratuity, the employer shall,—

 (a) if the claim is found admissible on verification, issue a notice in Form-III hereto to the applicant/employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or

(b) if the claim for gratuity is not found admissible, issue a notice in Form-III hereto to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible. In the case of denial of gratuity a copy of the notice shall be endorsed to the competent authority.

The gratuity payable under the Code shall be paid through Demand Draft or by crediting in the bank account of the eligible employee, nominee or legal heir, as the case may be:

 Provided that intimation about the details of payment shall also be given by the employer to the competent authority of the area.

Further, the rule deals with the Conditions when application for review is made without certificate of a medical practitioner, Procedure on application for communication, Amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer etc.

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