Labour Department,

Government of Uttar Pradesh

The Payment of Gratuity Act, 1972

1.Risk Classification:

S.No. Risk Parameter Low Risk High Risk
1 Non-hazardous / Hazardous / Most-hazardous Non-hazardous Hazardous and Most-hazardous
2 Number of Workers 01 to 100 More than 100
3 Submission of self-certificate Yes No
4 Lockouts / Strikes No Yes
5 Accident No Yes
6 Complaint of violation of Labour Laws No Yes
7 Less than 50% workers are on contract Yes No
8 Establishments which are not inspected in last 3 years Yes No
9 Termination of employment without following proper procedure No Yes
10 Employment of Child Labour No Yes
Note: Unregistered establishments shall be inspected compulsorily.

2: Inspection Procedure

  • a. Identification of Establishments : the establishments which are to be inspected would be identified using the random computerized risk assessment.
  • b. Inspection byJoint Team:
    • i.Inspection will be carried out by a joint team of inspectors.
    • ii.The inspecting team will consist of minimum 2 inspectors and one of the following officers, Assistant Labour Commissioner, Labour Enforcement Officer, Assistant Director Factory as per their availability.
  • c. Inspection report in 48 hours:
    • i. The inspection report would be uploaded / submitted by the inspecting team on the departmental portal with a unique number.
    • ii. The unique number will be used by the units / establishments / factories to view and download the inspection report within 48 hours from their web portal account.
  • d. Non-Compliance Notice
    • i. The department may issue a notice to units / establishments / factories to rectify defects / deviations / non-compliance observed as part of inspection
    • ii. The establishment to do the necessary / appropriate compliance within 15 days and inform the Labour Department about the same after uploading the compliance report.
  • e. Final Action
    • i. Acceptance of compliance report / initiation of proceedings.

3:Checklist

  • a. Gratuity shall be paid to employees on termination of employment after he has rendered continuous service for not less than 5 years as per Section 4 of Payment of Gratuity Act.
  • b. Every employer covered under Payment of Gratuity Act, 1972 is duty bound to obtain nomination from each employee under Section 6 of Payment of Gratuity Act.