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Hi.Pooja
Under the provision of Payment of Gratuity Act 1972.
Following are the Requisites
Applicability:Sec 1
Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employees.
Employee:Sec2(e)
All employees irrespective of status or salary
Entitlement:
On completion of five years’ service except in case of death or
disablement
Sec.6 Rule 6
Nomination
To be obtained by employer after expiry of one year’s service, in Form ‘F’
Maximum Ceiling: Sec 4(3)
Rs.3, 50,000
Rule 9:Penalties to the Employer
Imprisonment for 6 months or fine upto Rs.10, 000 for avoiding to make payment by making false state-ment or representation.
Imprisonment not less than 3 months and upto one year with fine on default in complying with the provisions of Act or Rules.
Qualifying period
On rendering of 5 years’ service, either termination, resignation or retirement.
Rule 4:Display of Notice
On conspicuous place at the main entrance in English language or the language understood by majority of employees of the factory.
Sec.8 Rule 8
Recovery of Gratuity
To apply within 30 days in Form I when not paid within 30 days.After leaving the preset Employer
Sec.4(6)
Forfeiture of Gratuity
On termination of an employee for moral turpitude or riotous or disorderly behavior.Wholly or partially for willfully causing loss, destruction of property etc
The gratuity willl be calculated according to the formula:
Gratuity = Last drawn salary x 15x No. of years of service/26
I hope this will be of some help to you.
Rgds
Munam
Under the provision of Payment of Gratuity Act 1972.
Following are the Requisites
Applicability:Sec 1
Every factory, mine, oil field, plantation, port, railways, company, shop, establishment or educational institutions employing 10 or more employees.
Employee:Sec2(e)
All employees irrespective of status or salary
Entitlement:
On completion of five years’ service except in case of death or
disablement
Sec.6 Rule 6
Nomination
To be obtained by employer after expiry of one year’s service, in Form ‘F’
Maximum Ceiling: Sec 4(3)
Rs.3, 50,000
Rule 9:Penalties to the Employer
Imprisonment for 6 months or fine upto Rs.10, 000 for avoiding to make payment by making false state-ment or representation.
Imprisonment not less than 3 months and upto one year with fine on default in complying with the provisions of Act or Rules.
Qualifying period
On rendering of 5 years’ service, either termination, resignation or retirement.
Rule 4:Display of Notice
On conspicuous place at the main entrance in English language or the language understood by majority of employees of the factory.
Sec.8 Rule 8
Recovery of Gratuity
To apply within 30 days in Form I when not paid within 30 days.After leaving the preset Employer
Sec.4(6)
Forfeiture of Gratuity
On termination of an employee for moral turpitude or riotous or disorderly behavior.Wholly or partially for willfully causing loss, destruction of property etc
The gratuity willl be calculated according to the formula:
Gratuity = Last drawn salary x 15x No. of years of service/26
I hope this will be of some help to you.
Rgds
Munam
Hi thanks for the information. I would also share some information about Gratuity
Gratuity is a lumpsum that your employer pays you when you retire or resign from the organisation. You do not need to contribute any portion of your salary towards this amount.
Gratuity is paid out at your superannuation (if you retire at the age of 58), when you retire (at any other age) or resignation, and in the event of your death or being rendered disable because of an accident or illness. You need to have at least five full years of service with an employer to qualify for gratuity. This rule is relaxed in the last instance. In the event of your death, the gratuity will be paid to your nominee.
Your employer must pay you your gratuity within 30 days. If he does not do so within this period, he will have to pay you simple interest on the amount. This interest will be paid from the date on which your gratuity was to be paid to you up till the date on which it is paid, at a rate that the government sets for the repayment of long-term deposits.
However, if the delay in payment of gratuity was not caused by the employee, or if the employer has got permission to make a delayed payment, this interest will not be paid.
Hope this information will also be useful to the forum
with regards
K.Jayavel
From India, Madras
Gratuity is a lumpsum that your employer pays you when you retire or resign from the organisation. You do not need to contribute any portion of your salary towards this amount.
Gratuity is paid out at your superannuation (if you retire at the age of 58), when you retire (at any other age) or resignation, and in the event of your death or being rendered disable because of an accident or illness. You need to have at least five full years of service with an employer to qualify for gratuity. This rule is relaxed in the last instance. In the event of your death, the gratuity will be paid to your nominee.
Your employer must pay you your gratuity within 30 days. If he does not do so within this period, he will have to pay you simple interest on the amount. This interest will be paid from the date on which your gratuity was to be paid to you up till the date on which it is paid, at a rate that the government sets for the repayment of long-term deposits.
However, if the delay in payment of gratuity was not caused by the employee, or if the employer has got permission to make a delayed payment, this interest will not be paid.
Hope this information will also be useful to the forum
with regards
K.Jayavel
From India, Madras
hi please find attached a presentation on The Payment of gratuity Act regards ctraju
From India, Madras
From India, Madras
Hi All,
Just a small clarification on the same lines. When we talk abt the last drawn salary, is it the gross salary or the net salary or just the basic component of the salary. Please clarify.
Regards
Vindhya
Just a small clarification on the same lines. When we talk abt the last drawn salary, is it the gross salary or the net salary or just the basic component of the salary. Please clarify.
Regards
Vindhya
:lol:
Thanks Munam for the details information.
As correctly asked by Vindhya,
Salary considered in BASIC SALARY and not the gross/ctc etc.
Secondly no of years= no of completed years round off to nearest one earlier.
e.g. if I completed 7yrs and 6 months with my last basic is 26000/- then my gratuity will be...
Gratuity= (26000/26)*15*7= 105000/- INR
I hope this has clarified the request.
Jagadish S.
Thanks Munam for the details information.
As correctly asked by Vindhya,
Salary considered in BASIC SALARY and not the gross/ctc etc.
Secondly no of years= no of completed years round off to nearest one earlier.
e.g. if I completed 7yrs and 6 months with my last basic is 26000/- then my gratuity will be...
Gratuity= (26000/26)*15*7= 105000/- INR
I hope this has clarified the request.
Jagadish S.
I too have the doubt whether on groos salary or basic salary or what we get in hand after all deductions. Pls clarify
From India, Kochi
From India, Kochi
Hi Friends,
To add... and clarify.
The Maximum limit of Gratuity is Rs.3.5 lacs as per the Act, is for Taxability purpose. Anything above Rs. 3.5 lacs will taxable. An Employer can pay more than that, depend upon the Company's policy.
Kindly refer the language in the Act and have a right interpretation through expert as it really tough.
Regards,
Ashish Dhomse
From India, Ahmedabad
To add... and clarify.
The Maximum limit of Gratuity is Rs.3.5 lacs as per the Act, is for Taxability purpose. Anything above Rs. 3.5 lacs will taxable. An Employer can pay more than that, depend upon the Company's policy.
Kindly refer the language in the Act and have a right interpretation through expert as it really tough.
Regards,
Ashish Dhomse
From India, Ahmedabad
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