Dear All Seniors,
Please help me in following gratuity matter.
1) As per the Act for the calculation of gratuity you need to take last Basic + D.A. amount. But in our salary structure we don’t have D.A. Component, so instead of D.A.we are taking other allowances component (which is very high figure than other components , and management is also ready for that.) Now my questing is, the method which we are using by taking Basic + other allowance is correct ?
2) One of our employee ( Top Management) is completed his almost 8 years in our company ( still he is working with us )when he will leave the company he will be eligible to get his gratuity from company. At this moment his Basic is Rs. 2,00,250 and other allowance is Rs. 101752, that means the gratuity he will receive Rs. 13,93,855 (200250+101752*8*15/26)as per the act the maximum limit of gratuity is Rs. 10 lacs. Now my question how much amount of gratuity he will get if he leave the company – Rs. 10 lacs or Rs.13,93,855 ? If only Rs. 10 lacs then what about the balance Rs. 3,93,855/-?
Waiting for your valuable reply.
Thanks & Regards
Vaishali
From India, Mumbai
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3Please help me in following gratuity matter.
1) As per the Act for the calculation of gratuity you need to take last Basic + D.A. amount. But in our salary structure we don’t have D.A. Component, so instead of D.A.we are taking other allowances component (which is very high figure than other components , and management is also ready for that.) Now my questing is, the method which we are using by taking Basic + other allowance is correct ?
2) One of our employee ( Top Management) is completed his almost 8 years in our company ( still he is working with us )when he will leave the company he will be eligible to get his gratuity from company. At this moment his Basic is Rs. 2,00,250 and other allowance is Rs. 101752, that means the gratuity he will receive Rs. 13,93,855 (200250+101752*8*15/26)as per the act the maximum limit of gratuity is Rs. 10 lacs. Now my question how much amount of gratuity he will get if he leave the company – Rs. 10 lacs or Rs.13,93,855 ? If only Rs. 10 lacs then what about the balance Rs. 3,93,855/-?
Waiting for your valuable reply.
Thanks & Regards
Vaishali
From India, Mumbai
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No, it's incorrect. D.A. means dearness allowances. You can't add other components of salary for calculating gratuity. If your organization's salary structure is Basic+HRA+CONV+OTHER ALLOW and there is no D.A., then you will calculate gratuity based on only the Basic Salary. If an employee completes 5 years of service, they are eligible for gratuity, and the formula is:
Basic + D.A. * 15/26 * number of years of service.
From India, Faridabad
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Basic + D.A. * 15/26 * number of years of service.
From India, Faridabad
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No,its Wrong.... You cant add any other allow. in basic for gratuity. because gratuity formula = BASIC+DA/26*15* COMP. WORKING YEARS and maximum limit of gratuity amt is 5,00,000.
From India, Jaipur
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From India, Jaipur
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Hi If his last exit month basic is 2,00,250 Then his Gratuity will be- 9,24,230
From India, Mumbai
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From India, Mumbai
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Hello,
I agree with Amit. The eligibility of Gratuity as per the act indicates that Basic and DA are subject to completion of 5 years of service. If DA is not shown in the wage register, only the basic salary should be taken into account for the computation of Gratuity by excluding all allowances. The formula has already been mentioned by Mr. Rishirajmishra and is currently in force.
Adoni Suguresh
Retired Senior Executive (P&A)
From India, Bidar
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I agree with Amit. The eligibility of Gratuity as per the act indicates that Basic and DA are subject to completion of 5 years of service. If DA is not shown in the wage register, only the basic salary should be taken into account for the computation of Gratuity by excluding all allowances. The formula has already been mentioned by Mr. Rishirajmishra and is currently in force.
Adoni Suguresh
Retired Senior Executive (P&A)
From India, Bidar
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Please note the Maximum Limit of Gratuity amount is Rs.10 Lakhs.
From India, Faridabad
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From India, Faridabad
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Dear Vaishali,
Please remember that if the employer is required to comply with the statutory provisions of the Payment of Gratuity Act, 1972, then he has to go as per the provisions of the Act. The definition of "wages" is well known to you. You will agree that if there is no DA component in your salary structure, then you have to calculate your gratuity amount taking into account your "Basic" salary only. What has been mentioned in all the Acts, in general, and PG Act in particular, is MINIMUM. If your employer is ready to calculate the gratuity amount taking into consideration Basic + other allowances, there is no BAR, and the same is perfectly in order.
As regards your second query, on the same analogy as mentioned above, though Section 4(3) of the Act limits the gratuity amount to TEN lakhs, there is no bar for an employer to give OVER & ABOVE the statutory limit provided in the Act.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Please remember that if the employer is required to comply with the statutory provisions of the Payment of Gratuity Act, 1972, then he has to go as per the provisions of the Act. The definition of "wages" is well known to you. You will agree that if there is no DA component in your salary structure, then you have to calculate your gratuity amount taking into account your "Basic" salary only. What has been mentioned in all the Acts, in general, and PG Act in particular, is MINIMUM. If your employer is ready to calculate the gratuity amount taking into consideration Basic + other allowances, there is no BAR, and the same is perfectly in order.
As regards your second query, on the same analogy as mentioned above, though Section 4(3) of the Act limits the gratuity amount to TEN lakhs, there is no bar for an employer to give OVER & ABOVE the statutory limit provided in the Act.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Dear Sir,
I just want to know, I have an employee who has been working with us for 8 years, but he was on probation. Is he eligible for gratuity and what is the maximum amount we can provide him as gratuity if his amount exceeds Rs. 10 Lac.
Regards,
Suman Shrivastav
From India, Delhi
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I just want to know, I have an employee who has been working with us for 8 years, but he was on probation. Is he eligible for gratuity and what is the maximum amount we can provide him as gratuity if his amount exceeds Rs. 10 Lac.
Regards,
Suman Shrivastav
From India, Delhi
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Dear Suman Shrivastav,
When you ask a query, please remember to give all the details concerning the type of establishment, number of persons employed, components of the salary of the employees, etc., because such information will facilitate a correct reply/answer. In the absence of detailed information, I am bound to give a general reply, which is as follows:
If your establishment is covered under Section 3 of the Payment of Gratuity Act, 1972, then you are under a statutory obligation to pay gratuity to all persons who leave (by reaching the age of retirement or resignation) after completing a continuous service of five years, except in cases of death or disablement, where a five-year period is not necessary.
Now, regarding your query about the employee who has been working with you for 8 years but was on probation, let me clarify that under the definition of 'employee' in Section 2(e), only the apprentices appointed under the Apprentices Act, 1961, are exempted. You are not allowed to keep a person on probation lifelong or as you wish. There are certain norms or guidelines for keeping a person on probation; otherwise, it may be considered as "victimisation" or "exploitation."
A 'probationer' is defined under "Model Standing Orders" as one who is provisionally employed to fill a vacancy in a permanent post and has not completed three months of service in that post unless the probationary period is extended. If a permanent workman is employed as a probationer in a new post, he may, at any time during the probationary period not exceeding three months, be reverted to his old permanent post unless the probationary period is extended. The maximum period, however, shall in no case extend beyond one year. While there has been a practice to appoint persons on probation for a period of two years, probation for a continuous period of eight years is beyond imagination.
It is not clear from the details of his salary whether it is yearly or monthly; hence, it is not possible to calculate the amount of gratuity.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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When you ask a query, please remember to give all the details concerning the type of establishment, number of persons employed, components of the salary of the employees, etc., because such information will facilitate a correct reply/answer. In the absence of detailed information, I am bound to give a general reply, which is as follows:
If your establishment is covered under Section 3 of the Payment of Gratuity Act, 1972, then you are under a statutory obligation to pay gratuity to all persons who leave (by reaching the age of retirement or resignation) after completing a continuous service of five years, except in cases of death or disablement, where a five-year period is not necessary.
Now, regarding your query about the employee who has been working with you for 8 years but was on probation, let me clarify that under the definition of 'employee' in Section 2(e), only the apprentices appointed under the Apprentices Act, 1961, are exempted. You are not allowed to keep a person on probation lifelong or as you wish. There are certain norms or guidelines for keeping a person on probation; otherwise, it may be considered as "victimisation" or "exploitation."
A 'probationer' is defined under "Model Standing Orders" as one who is provisionally employed to fill a vacancy in a permanent post and has not completed three months of service in that post unless the probationary period is extended. If a permanent workman is employed as a probationer in a new post, he may, at any time during the probationary period not exceeding three months, be reverted to his old permanent post unless the probationary period is extended. The maximum period, however, shall in no case extend beyond one year. While there has been a practice to appoint persons on probation for a period of two years, probation for a continuous period of eight years is beyond imagination.
It is not clear from the details of his salary whether it is yearly or monthly; hence, it is not possible to calculate the amount of gratuity.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Dear all,
Let us all remember that the Payment of Gratuity Act is normative legislation; it sets norms below which you can't pay. Including any component (besides basic pay & DA) for the calculation of gratuity is the prerogative of the organization. The same is true for the quantum. The only thing is any payment in excess of what is laid out in the Act may not be accepted as a business expense by the income tax authority; such 'excess' payments are not illegal.
Shrikant Prabhudesai
shrikant@classiclabour.com
From India, Mumbai
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Let us all remember that the Payment of Gratuity Act is normative legislation; it sets norms below which you can't pay. Including any component (besides basic pay & DA) for the calculation of gratuity is the prerogative of the organization. The same is true for the quantum. The only thing is any payment in excess of what is laid out in the Act may not be accepted as a business expense by the income tax authority; such 'excess' payments are not illegal.
Shrikant Prabhudesai
shrikant@classiclabour.com
From India, Mumbai
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From India, Salem
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From India, Salem
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Thanks for the feedback. However, the question that remains is if the limit for Gratuity paid is 10 Lakhs, what happens to the balance exceeding 10 Lakhs. For instance, if an employee's total gratuity amount is 13 Lakhs, what will happen to the remaining 3 Lakhs? Will the company pay the additional amount, or will it lapse? If the company is required to pay the excess amount, how will this be handled?
From India, Chandigarh
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From India, Chandigarh
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Payment of Gratuity Act is normative legislation; therefore, the entire gratuity above Rs. 10 L can be paid. However, there are Income Tax angles. The employee will have to pay income tax on amounts over Rs. 10 L, and the employer may not be allowed to show payments beyond Rs. 10 L as a business expense.
From India, Mumbai
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From India, Mumbai
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