Saswatabanerjee
Partner - Risk Management
Sumitk.saxena
Service/manager-hr
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Abbasiti
Assistant Engineer, Indian Telephone Industries,
Rajesh Kumar Dubey
Manager - Hr
Atreyaravi@gmail.com
Retired Free Lancer- Presently Serving As
+3 Others

Thread Started by #coatsindia

Dear Sir,
My Name is santosh Mane I Was working in pvt Ltd from 11th September 2008 to 25th June 2015.Can I Claim for Gratuity & Bonus upto 25/06/2015.But My company told me you get bonus & Gratuity upto March 2015.I Completed my notice period also I Basic Salary is 5800/- Please help me...
5th September 2015 From India, Pune
Dear Santhosh Mane, You are eligible to get bonus and gratuity up to 25th June 2015. If these are denied kindly contact the Labour Department / Authorities. Abbas.P.S
5th September 2015 From India, Bangalore
Dear Santosh
You Will Get Your Bonus Amount till the last working date. For FY -2015-16 ( 3 Month ) , the employer may pay after closing the financial year ie according to Bonus Act & Provisions.
Now In the case of Gratuity, It may be possible to pay after 2 month if your company have taken some scheme otherwise they will pay within 30 days full amount of gratuity as per act. ( 15 Days Salary / Year)
Your Gratuity amount will Be as Under:-
Your' Entitled Period : - 6 Years, 9 Month means Payment will be for 7 Years
Amount Will : Rs 23423/- Only
Pls submit form I immediately to your employer.
5th September 2015 From India
Thanks Sir, But Sir What is Form I ? plz send me Form I. Secondly How to complete to complete to Labour Department please guide me. Santosh Mane 9270647635
6th September 2015 From India, Pune
Dear Sir,

As per my calculation following amount is payable from Employer is it wrong or right please clarify.

Employee Name :Santosh Mane Employee ID :A-082

Date of Joining :11/09/2008 Department :Accounts

Date of Leaving :25/06/2005 Designation :Asst. Manager

PF No. MH/34880/116 Basic Amount = 5,800/-

Birth Date :11/08/1977
************************************************** ********************************************
Particulars Amount
************************************************** *********************************************
Gratuity 2014-15  22,085
Gratuity 2015-16  1,004
Bonus 2014-15  5,798
Bonus 2015-16  1,450
Salary June 2015  13,604
---------------------------------------------------------------------------------------------------------------
(A) Net Amount Payable  43,941
---------------------------------------------------------------------------------------------------------------
Less (-) Net Salary June 2015 (Cheque No.017739 Dtd 05/09/2015)  13,604
Less (-) Bonus 2014-15  5,798
---------------------------------------------------------------------------------------------------------------
(B) Payment Received  19,402
================================================== ==============
(A-B) Balance Amount Pending  24,539
================================================== ==============
Gratuity 2014-15  22,085
Gratuity 2015-16  1,004
Bonus 2015-16  1,450
=================================
PENDING FOR PAYMENT  24,539
=================================

Please Check your end & revert Back.

Thanking You,

Yours Faithfully,

Santosh Mane
9270647635
6th September 2015 From India, Pune
Mr.Santosh,
Herewith attach the Gratuity form I

FORM ‘I’
[See sub-rule (1) of rule 7]

Application of gratuity by an employee

To ………………………………………… ………………………………………… ……………….

[Give here name or description of the establishment with full address]

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the establishment are given in the statement below:

Statement

1. Name in full.

2. Address in full

3. Department/Branch/Section where last employed.

4. Post held with Ticket No. or Serial No., if any.

5. Date of appointment.

6. Date cause of termination of service.

7. Total period of service.

8. Amount of wages last claimed.

9. Amount of gratuity claimed.
I was rendered totally disabled as a result of

[Here give Detail]

Payment may please be made in cash/open or crossed bank Cheque.

As the amount of gratuity payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place Signature/Thumb impression of

Date the applicant employee.

Note:

1. Strike out words not applicable.

2. Strike out paragraph or paragraph not applicable.
6th September 2015 From India, Secunderabad
FORM ‘I’
[See sub-rule (1) of rule 7]

Application of gratuity by an employee

To ………………………………………… ………………………………………… ……………….

[Give here name or description of the establishment with full address]

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the establishment are given in the statement below:

Statement

1. Name in full.

2. Address in full

3. Department/Branch/Section where last employed.

4. Post held with Ticket No. or Serial No., if any.

5. Date of appointment.

6. Date cause of termination of service.

7. Total period of service.

8. Amount of wages last claimed.

9. Amount of gratuity claimend.

I was rendered totally disabled as a result of

[Here give Detail]

Payment may please be made in cash/open or crossed bank Cheque.

As the amount of gratuity payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom.

Yours faithfully,

Place Signature/Thumb impression of

Date the applicant employee.

Note:

1. Strike out words not applicable.

2. Strike out paragraph or paragraph not applicable.
6th September 2015 From India, Secunderabad
Mr Santosh Mane
You will get gratuity only if your company has ten or more employees.For statutory bonus your company should have at least ten or more employees working in
the company if it is a factory .If not a factory it should have twenty or more employees.
Varghese Mathew
04712542059, 9961266966
6th September 2015 From India, Thiruvananthapuram
Santosh,
Gratuity and bonus works in a different manner from what you have computed.
Gratuity is 15 days of last drawn salary for every year of completed service without a break.
Since you have worked for 6 years and 9'minths, that will be :
₹5800 x 15 / 26 x 6
Bonus is at 8.33% of salary subject to maximum of ₹3500 per month as salary.
So for 2014-15 it is ₹3500
For 2015-16 it is ₹ 3500 x 3 x 8.33%
(Which is ₹875)
So if your company is giving the gratuity and bonus till March 2015, the only difference is ₹875. So don't bother and leave with a good impression.
6th September 2015 From India, Mumbai
If there is partial year in service which is above 6 months, it will be rounded up to one year. Accordingly 11th September 2008 to 25th June 2015 which is more than 6 years and 6 months will be rounded to 7 years.
Hence gratuity amount is 5800x7x15/26 = Rs. 23423.
Abbas.P.S
7th September 2015 From India, Bangalore
Dear Santosh,
Can you mention here your Last Pay Drawn (at the time of leaving) with break up, and month wise, Gross salary with break up showing every nature of components like basic pay, DA, other allowances etc. for the preceding twelve months to work exactly what's your entitlement etc.?
7th September 2015 From India, Bangalore
Dear Mr. Santosh Mane,
The Gratuity Calculation done by our member Mr. Rajesh Kumar Dubey. Bonus for the period 2015-16 shall be payable after the closure of the books. As far as Gratuity is concerned , it should be settled within a month after submission of your I form to the employer. Nowadays most of the employers are investing in LIC's Group Gratuity Scheme and LIC Settles the amount within a week's time to the Employer's Scheme account thru RTGS/NEFT after submission of the emplyee's details to the concerned scheme. Methodical approach is always best for your settlements.
Ravi.
19th September 2015 From India, Mumbai
No, it's not 6 months rounded of to a year.
The act very specifically says years of completed service.
He has to work more than 240 days in the year.
He has worked 287 days, so to that extent you are right to add another year of gratuity.

20th September 2015 From India, Mumbai
As you can claim gratuity as your service is more than 5 years gratuity can be claimed and as you cited basic salary is Rs. 5800/- bonus can also be claimed. Thanks & Regards, From Sumit Kumar Saxena
20th September 2015 From India, Ghaziabad
MR S Banerj
Gratuity calculation and entitlement both are two separate issue. pls do't mix. Calculation done by me for 7Years are totally ok.
You have denied but mr abbas has confirmed means you should once agan check the detaild if possible at ur end.
thanks
20th September 2015 From India
Dear Mr.Saswata Banerjee,
Kindly see the Section 4 subsection 2 of the Gratuity act as under : -
" For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at
the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned"
Accordingly service more than 6 months will be treated as one year for gratuity calculation. 240 days per year is for the minimum eligibility (first 5 years).
Hence gratuity amount in this case is 5800x7x15/26 = Rs. 23423.
Abbas.P.S
20th September 2015 From India, Bangalore
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