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I am working with ltd. co. since last 11 years. Our company not benefits gratuity to any person who left our organisation. Please advised if I will resign. i will claim for gratutiy or not.
From India, Mumbai
can anybody help me whether the engg college and medical college is covered under gratuity
From India, Bangalore
Can the employer decide not to pay gratuity to an employee under certain circumstances? If yes, then under what circumstances?
From India
Dear,
the formula for calculating gratutity is
last drawn basic+DA*15/26*no.of years.
to eligible for grautity, 5years continous service required & if there is case of 4 years 10 months or 240 days can be cosnidered.
Maximum gratuity can be given upto Rs350000/-exempted .
m hereby attaching some doc regarding this for the reference.
Regards
Vipin8-)

From India, New Delhi

Attached Files
File Type: xls gratuity_computation_116(1).xls (18.5 KB, 799 views)
File Type: ppt GRATUITY.ppt (99.0 KB, 651 views)

latest the ceiling raised to 10 lakh and bill have been passed and i think gazette also issued sampath.s jt.gen.secy, tnstc staff federation, madurai 94420 36044
From India, Madurai
Hi Friends
let me clarify, as per the section1.3(b) of pament of Gratuity Act-,1972 , organisations having 10 or more employees are eligible to pay gratuity. whether is ther any provision is there that on complition of 10 yrs of commercial operation, that organisation is compulsion to give gratuity irrespective of 10 or less employees.

From India, Durgapur
Dear Friends,

Under Section 4 of the payment Gratuity Act 1972 gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years.

Termination of employment may result from

superannuation,

retirement,

resignation,

death,

disablement due to accident/disease.

As held in the case of darshan Engineering Works vs controlling authority where an employee continues to work after superannuation he will be entitled to gratuity for the entire period and not only up to his superannuation.

Under explanation to section 4(1) disablement means such disablement as incapacitate an employees from the work which he was capable of performing before the accident or disease resulting in such disablement. Under Section 4(4) if an employee continue in his is current employment after disablement at reduced wages, the gratuity for the period upto his disablement is to be calculated at such wages as he was being paid before disablement. The gratuity for the period after disablement is to be calculated on such reduced wages.

Under provision 1 to Section 4(1), the provision of continuous service of 5 years shall not be necessary where did termination of employment happened due to death or disablement. In case of death the amount of gratuity be paid to the nominee. If there was no nomination made gratuity shall be paid to the heir. Where the nominee or heir is a minor then the amount of gratuity shall be submitted to the controlling authority. The minor can use this fund when he attains majority.

See Payment of Gratuity Act, Rules, Forms, Returns & All Other Information for total act summary

From India, Kolkata
Hi This is Rajeswari working as HR Executive for a pvt concern. Am enclosing Gratuity calculater with this

Hii All,
I have a question regarding gratuity , if one employee completed his 1 year with the establishment and after that in leave 13th month he died.
1. is he eligible to get the gratuity
2. if yes in which judgment this writted
also one another question to all if any establishment started with 40 persons after 4 year company dissolve only 9 persons are there in 5th year.
1. is the company bound to pay gratuity to every employees who completed 5 years
2. if yes in which judgement it has been written

From India, undefined
Dear Rashmitha, Please Clarify "after that in leave 13th month he died." I presume Employee died while being in Service.Consequent to deceased Employee completing 1 Year of Service, he is eligible for Gratuity
Reduction in strength of Employees from 40 to 10: Once the act is made applicable, it continues to be applied though there is decrease in strength.
Please peruse relevant Acts/Rules, thoroughly.You will find answer to all your questions

From India, New Delhi

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