You are not to calculate gratuity as this PG Act, 1972 is not applicable to your establishment. For more details you may also go through the applicability clause of this Act.
With Regards,

From India, Delhi

Dear Friend, Yes, after completing 5 yrs ,employee is eligible to get Gratuity. Formula- Basic/26*15* no.of yrs. Regards, Ram Koshti 9860027281
From India, Pune

Hi Jenny
in normal case the minimum employees required are 10. but if you are convered under Companies Act 1956, then you go for gratuity even if it is 1 employee.
Gratuity should be calculated as - Basic/26*15* no.of yrs. Also if it is 5yrs & 6 months then you have to calculated for 6 years

From India, Raipur
Ur answer regarding grtuity liability of the PE, if contractor fails to meet up d same, not so impressive & reasonble. Pls go through the preamble of the Contract Labour Act where PE only liable under the heads of welfare, payment(wage only) and health. Gratuity is linked with gratutious payment and only PF & ESI will be attaractable under the head of Welfare in case of liablity comes to the picture.

From India

Hi Jenny pls go to download section and search for gratuity related emails, plethora of information about gratuity is available. pls make use of it. Venkat
From India, Madras
as per Gratuity Act, the person is entitled for the gratuity if he has completed 5 years of services from date of joining. it does not matter whether is on contract basis. if he is working in the organisation without the break,he can claim his payable gratuity. and he has a right to ask for it.
though company is paying gratuiity from their fund, but looking at the clauses mentioned in the ACT, the company is bind to pay the amount.

From India, Mumbai

Dear Where you or anybody else have deposited the gratuity amount ? With Regards, R.N.Khola (LL & IR) Skylark Associates, Gurgaon (Haryana) (Labour Law Consultants) Office: (M) (O) 0124-4264449
From India, Delhi
"An employer will be required to pay up to INR 1,000,000 (which amount shall be tax-free in the hands of the employee) to eligible employees, upon retirement, resignation or termination of employment"
Manager Legal

From India, Mumbai

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