kaushikapandit Started The Discussion:
Dear sir, i would like to know about the gratuity act and the calculation formula in India (Maharashtra). Regards, Kaushik
Posted 3rd February 2008 From India, Mumbai

Payment of Gratuity Act, 1972

Object: It is an Act to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, and shops or other establishments.

Applicability: Any Employer of the above noted establishments where 10 or more persons are employed or were employed on any day of the preceding 12 months is liable to pay gratuity to its employees. Once the Act becomes applicable, it continues even if the number of employees falls below ten.

Entitlement: Gratuity is payable to an employee (nominee - in case of death of employee) who has rendered continuous service of five years or more on his termination of employment, superannuation, retirement or resignation. Completion of continuous service of five years is not necessary where the termination of employment is due to death of disablement.

Calculation: W x Y x 15/26 where W = Last Wage drawn i.e., basic + DA
Y = number of completed years of continuous service (six months or less to be ignored and more than six months to be counted as full year.
15 = 15 days salary
26 = No. of working days in a month.

Maximum Limit: Rs.3.5 lacs. (w.e.f 24-09-1997)

Time Limit for application to employer: Employee has to make an application in Form-I to his employer within 30 days from the date of gratuity becomes payable.

To calculate the gratuity: it has the formula

Ex. Number of yrs of service x Last salary drawn (Basic+D.A) X 15

This is the formula to calculate the gratuity.
Posted 28th December 2008 From India, Mumbai
We had one employee who was asked to leave the company in 2005. At that time we did not calculate the gratuity properly out of ignorance (not based on the last wages but average of wages over 10 years). He went to the court to seek justice. We now know that the gratuity was not calculated properly.

He never made an application in form-I as mentioned in the post above.

Can we now ask him to make an application and close the issue?
Posted 6th January 2010 From India, Pune
To calculate use Gratuity Calculator in the following site (Calculate Gratuity) at http://profit.ndtv.com/Calculators/gratuity.htm S. Newton Jenkins
Posted 21st January 2010 From India, Madras
Hi, I have doubt; In 5 year period if the person suppose 11 months LOP. Then how to be calculated. Regards, Pushparaj
Posted 29th January 2010 From India, Bangalore
Hi I am new into this organisation.Can u plz explain me hw we will calculate gratuity for different ctc. Regards, Loveleen
Posted 29th January 2010 From India, Ludhiana
Hey u can use this too.... to calculate gratuity. (Calculate Gratuity) at http://profit.ndtv.com/Calculators/gratuity.htm
Posted 5th March 2010 From India, Nagpur
I would like to know about basic wages of Skilled, Semi Skilled, Unskilled worker in maharashtra.
Posted 9th March 2010 From India, Pune
Hi Vrushali

Have gone thro the Gratuity Calculator.
Would be very great, if you could send the other Calculators, as mentioned in the same sheet.
It's so nice.

Thanks in anticipation.
Posted 9th March 2010 From India, Hyderabad
Hi Newton Jenkins Will you pls send us the other Calculators as mentioned in the same sheet. Regards vsure
Posted 9th March 2010 From India, Hyderabad
Formula for Gratuity Current Basic * Lenth of service *15 /26 Gratuity is payable when employees completed his /her lenth of service 5year in same organisation. Regards Meera
Posted 22nd March 2010 From India, New Delhi
Hi there,
I had worked in the co for 4yrs now including (1yr of Trainee & 1yr probation) I would like to know am i eligible for availing the Gratuity and whats the procedure for the same. Please Guide me about it. I dont think so my Co is giving me the gratuity when I'm leaving the company. So, I need to know how to avail it as its been deducted every month from my pay for last 4yrs during my training also . Am I eligible for the Grautity or do i need to complete 5yrs..to avail the gratuity. Im confused as they deduct the amount pay from the beginning but when it comes to return need minimum of 5yrs.
I would be awaiting for your reply at the earliest
Posted 6th September 2010 From India, Bangalore
Hi i ve got a doubt. like PF management is done by RPFC is there any government authority for managing Gratuity or its dealt directly by the company itself?
Posted 14th September 2010 From India, Hyderabad
Hello, Our organization doesn’t give any gratuity though there are more than 10 employees at present. Can we do something about it?
Posted 23rd September 2010 From India, Delhi
Dear Member,

Then approach your area labour office for proper enforcement of this law pertaining to payment of gratuity. It might be possible that none of the employees have become eligible to have gratuity from the employer under this Act.

With Regards,
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
(M) 09810405361

Posted 23rd September 2010 From India, Delhi
New Delhi, Mar 3: In a major relief to private sector employees, the Union Cabinet on Thursday, Mar 4 has given its consent to increase the gratuity limit from Rs 3.5 lakh to Rs 10 lakh.
Posted 23rd September 2010 From India, Delhi
Hello. I am working in a pvt ltd co. I have completed my service period of 4 yrs @ 10/11 months. Should i eligible for gratuiety? Thanks Avinash Kotwal
Posted 6th January 2013 From India, Pune
i have a doubt about extra month how to calvulate gratuity if a aperson works for 6 years and 5 months.and even if he works for 6 years and 7 months. Please suggest
Posted 20th June 2013 From India, Gurgaon
New joinee whom age is 55 year old and retirement age is 58 so he is eligible for gratuity on retirement(after 3 years of joining).
Posted 22nd October 2013 From India, Gandhinagar
Dear member, No, in this case this new joinee will not be eligible to have gratuity from the employer. Regards, R N KHOLA
Posted 24th October 2013 From India, Delhi
Gratuity is the payment made by the employer to his ex- employee for his past services. Gratuity is similar to a gift given by employer for appreciation of past services of his employee. The technical definition of gratuity given by ICAI is

Who is eligible for Gratuity?
 As per Payment of Gratuity Act 1972, any employee who has been in continuous service for 5 years is eligible for gratuity.
 During the above mentioned 5 years, employee is eligible for casual leave and sick leave without affecting his eligibility.
 In case of death of an employee, the above condition 5 Years of continuous service is not applicable i.e. even if an employee dies
After 2 years of service, he/she is still eligible for gratuity.

The eligibility of an employee is predefined in HAPA (Human resources And People Appreciation). Gratuity in HAPA is auto calculated for the employees. A task is auto generated for the HR to process the same.
How is gratuity calculated?
a) Gratuity calculation formula for employees receiving monthly salary

When calculating completed years of service, if an employee worked for more than 6 months, it will be considered as full year.
Example: Employee worked for 14 years and 7 month, then completed years of service = 15 years
Example: Employee worked for 14 years and 5 months, then completed years of service = 14 years
Example: Employee worked for 14 years and 6 months, then completed years of service = 14 years
Last salary drawn = basic salary + dearness allowance

In HAPA, the HR need not to calculate the gratuity manually for the employees. It gets auto calculated for all the eligible employees and also a task is thrown to the HR to process the same.

b) Gratuity calculation formula for piece rated employees
(Workers receiving payment on the basis of the number of pieces produced)
Gratuity shall be calculated as follows:
Last drawn wages *15/26 *completed years of service
Completed years of service are calculated in the same way as for employees receiving monthly salary.
Last drawn wages are computed by taking average of the total wages received by him for a period of three months immediately preceding the termination of his employment. While computing daily wages, the total wages of last three months is to be divided by number of days the employee actually worked, and not by the number of days or the number of working days in the said period of three months.
Example: A piece rated employee received Rs.30,000 during the last three months before his retirement. The factory had 60 working days in the last three months but the employee came to work for only 30 days.
Last salary drawn will be calculated as rupees 30,000÷30= Rs.1000

In HAPA (Human resource And People Appreciation), whichis a complete HRMS application used by small and medium scale companies across the globe, gratuity is automatically calculated. HAPA automatically generates a task for the HR to remind/process gratuity of an employee on the completion of 5 years in the organization. At the same time, an email is sentautomatically by HAPA, to congratulate the employee for the completion of 5 years. This also maintains a “personal touch” at the workplace and delights the employees. The “personal touch” in a business is very important and essential for employee satisfaction & retention.
For more details about HAPA click the link below:
Welcome to G7CR Technologies India Private Limited | G7CR Technologies India Private Limited <link updated to site home> ( Search On Cite | Search On Google ) <link updated to site home> G7 CR Technologies

Maximum Amount of Gratuity
The amount of gratuity cannot exceed Rs 10, 00,000 (10 lacs). Even if it exceeds, maximum amount payable by employer shall be Rs 10, 00,000.

When is Gratuity Payable?
Gratuity is Payable on employee’s Superannuation, Retirement or death (whichever is earlier).
In case of death of an employee, gratuity is paid to their legal heirs (nominees)
Every employee who has completed one year of service is required to make a nomination. This nomination should be made within 30 days of completion of first year of service.
This nomination should be made in the favor of a family member. A nomination made in the name of any other person is void. However,“if the employer does not have any family that is when he can make a nomination in favor of any person”. But the employee will be required to make a fresh nomination within 90 days of acquiring a family.

Payment of Gratuity
After Gratuity becomes Payable , employer is required to pay it within 30 days as per the provisions of Payment of Gratuity Act 1972 .If the employer fails to pay gratuity within 30 days then, he shall be liable to pay simple interest at the rate notified by central government.

With HAPA (Human resources And People Appreciation), the HR does not have to do any manual calculations as mentioned above already. The payroll management feature of HAPA, which calculates the salaries of employees (including PF, TDS, ESI, Mediclaim etc.) also calculates Gratuity. HAPA ensures a timely and error free calculation without an HR keeping an eye on the calendar for reminders. HAPA does it all for you. Click the link for more: Welcome to G7CR Technologies India Private Limited | G7CR Technologies India Private Limited <link updated to site home> ( Search On Cite | Search On Google ) <link updated to site home> ]G7 CR Technologies[/url]
Posted 27th November 2013 From India, Bangalore
Dear Sir/ Madam,

I am consfused regarding, this:
In case an Employee has served in an organisation for 5 years and 8 months. So, his period of service is considered to be 6 years.
So, while calculating the gratuity, in the formula, ( no.of years served) we need to take 6 years or only one year (because after completion of 5 yrs, one year he has completed...
kindly help me.....
Posted 9th December 2013 From India, Mumbai
i am worked one concern in tirupur for 9 years and 4 months at the salary for Rs. 16000.00 consolidated. now i resigned from the company what is the amount get from the company
Posted 17th November 2014 From India, Bangalore
Gratuity calculation

= (Salary / 26) x 15 x Number of years in service


Salary is “Last drawn basic pay + DA”

26 is the average working days in a month (As per Gratuity rules – 26 days not 30 days calculated)

15 is the actual days considered for gratuity in a year

Source: http://onerupee.net/calculate-your-gratuity-in-india/
Posted 2nd June 2015 From India, Bangalore
Query - if employee has completed 5 years with the same organization but he got an thrice increment in that duration and his Basic was revised every time. so can we calc. his gratuity as per no of years * basic or should direct calcu. 5 years with current basic as he is drawing??

pls guid
Posted 7th July 2015 From India, Khambhat
Formula for gratuity is==salary/26*15*number of years of service. Salary is current basic pay. Hope it is clear.
Posted 7th July 2015 From India, Pune
If service is 5 years and salary is 15500 gratuity is 15500x5x15/26=44711/- Gratuity Amount

service period 5 year
Gratuity 1 Year count = 15 Day
ur current month salary Rs.15500/-

than now we have Gratuity count 15500/26 = 596.15 paisa per day [Daily Wages]
Gratuity 5 year * 15 = 75 Total Gratuity Day
Than Count = 596.15*75 = Rs.44711/-

MOB.NO.# 078 78 27 31 72
ALTERNATE EMAIL ID - care_u1984@rediffmail.com
Posted 8th July 2015 From India, Jalalpur
Hi team
Thanks for the lovely info.
I am into my present organization,where fortunately or unfortunately i am leaving my present post exactly after 4.7 years.... (Including my last working day)

Kindly lf any body can tel me wud i be able to apply for my gratuty ??

Thank you.
Posted 15th July 2015 From India, Hyderabad

I have joined in GTL limited India on 1st June 2008. 16th June 08. GTL sent me Tanzania. Salary paid from there & stopped Indian salary although they sent me in deputation. July'10 I came back india. July'10 & August'10 They paid me 70% as salary advance. The salary paid it was decided at joing time. Again they sent me in Nepal Sep'10. I have been paid by Nepal GTL only. I worked there till 15th July'12. 16th July'12 they sent me to Myanmar. I continue work till june'15. HR request me to resign in GTL India. I send resign letter in India GTL on 23rd June 2015.

My question are: 1- Am I eligible for Gratuty?
2- Which salary will considered as last drawn salary.

Please reply me, thanks Soumen Das
Posted 17th September 2015 From Myanmar [Burma], undefined
The moment you complete your 5 yrs from the DOJ, you are eligible for gratuity. Hence you joined in 2008 and left n 2015, yes you are eligible for your gratuity.
Posted 17th September 2015 From India, Gurgaon


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