I have joined one organization on 1st-jan-2011 and the organization having more than 600 employee. The organization every month giving salary and in salary slip some amount of Rs. 500 is showing in gratuity. So what if I left the organization after 6 years Did I will get gratuity or not.
From India, Kalol
Since the employees of your organisation are covered under Payment of Gratuity Act and they are also showing gratuity amount in your monthly salary slip, which is good. As per the provisions of the above said act, anybody who leaves the job of this organisation after more than 5 years, is eligible for gratuity at the rate of 15 days wages for each completed year of service.
The amount of Rs 500 being shown in salary slip, is probably the amount that the organisation is providing for budgetary provisions.
With regard to query if somebody leaves job after 6 years of service, I think, he is eligible for Gratuity. You will get an amount equivalent to 15 days wages multiplied by no of years of service i.e. 6. You may verify this with your HR department and confirm
From India, Mumbai
Gratuity is a one time terminal benefit which requires no periodical monetary contribution from the employee. Gross wages or salary is the sum total of the periodical monetary consideration payable by the employer to the employee for the services rendered by him to the organization. Employer's contribution to Provident Fund, ESIC,Gratuity Fund, Medical Insurance etc., are called Fringe Benefits. These fringe benefits are extra compensation in addition to direct wages or salary periodically payable to the employee. However, in order to ascertain the overall cost incurred in respect of individual employee, all sums payable are clubbed together which is called as C.T.C. Whereas statutory gratuity under the Payment of Gratuity Act,1972 is payable only on the termination of employment to the employee computed on the basis of his length of qualifying service and last-drawn wages or salary.
As such your statement that Rs.500/= being shown in the monthly salary slip as gratuity is something confusing. Whether it is shown on the deduction side or gross side of the salary slip? If it is on the gross side it forms part of the essential component of your direct wages/salary which is a practice unheard of so far; if it is on the deduction side, it is an illegal deduction. Seek your feed back.
From India, Salem
#AnonymousDear ALL this message is only for my self satisfaction, I am very sad to day because I have been terminated from my designation in my probation period while I had spent only 28 days in the organisation because setting the HR Department I was searching different websites including this plate form to get the formats and take an idea and past after doing changes. My line manager told me that you are copying and pasting from net while we need some one who create the department and I was also doing the same job but taking advantages from the net.
Let me know only one thing
Whether I am wrong or right. Its only for my self satisfaction If I am doing wrong so I will care next time.
Thanks please answer
From Pakistan, Mardan
In salary slip Rs. 500 is showing in monthly slip it is showing in the gross side.
I have another query " One of my friend had work in one organization from almost 5Years and 9 month...On one day he put a resignation with mention one month notice period but Head of department had accept the resignation and inform he to leave the office on the same day without complete the notice period. On the time of exit formality he had ask to the HR department about his pending dues like Paid leave, gratuity, salary, experience letter, etc. HR department had inform that F&F will get clear within 30 days form the exit date and all relevant letters will be get within 60 days form the exit date. After 30 days my friend start taking follow up for F&F through mail and call but HR department is not answering properly and always denying for the same. Now almost 5 months is over from the date of exit formality but till date HR Department is not clearing all dues and providing the all relevant letter for the same. Sir, Can you guide me what can I do the same. and My friend living in Ahmedabad, Gujarat. If possible can I call you for discuss about this matter in clear way.
From India, Kalol
From your reply, I take that though the amount of gratuity was shown in the gross salary, no deduction was made in this regard so as to construe that employee's contribution was collected by the management.
Normally gratuity shall be payable to an employee on the termination of his employment.As per Sec.7(3) of the PG Act,1972 the employer has to pay the amount of gratuity within 30 days from the date it becomes payable. Sub-section (3-A) mandates levy of interest for the period of default. Therefore, if your friend's gratuity is not paid within 30 days from the date of his relief on acceptance of his resignation by the management waiving notice period, they have to pay him simple interest @ 10% p.a for the entire period of delay.
His last-drawn basic being Rs.10000/= and the qualifying service after rounding up is 6 years, the gratuity payable would be Rs.34,615-00.
If the gratuity is not all paid or any amount is paid less based on wrong calculation or without interest for the period of delay, your friend can file a claim before the Controlling Authority for the area in which his establishment is situated. His present place of residence is irrelevant. In such a situation let your friend engage the services of an advocate.
From India, Salem