Labour Laws & Ir
Sivarasu J
Executive Hr & Admin
Sr.manager - Hr&admin

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My date of joining is 18-08-2010 and date of leaving the company will be 15-02-2019, i will be completing 8 years, 5 months and 28 days of service, could any body help me to know whether the number of years for Gratuity calculation will considered as 8years or 9years in this case. I have heard that if 6 months are completed then 1 year will be considered for calculation. if this is the case can you please provide the reference from the Gratuity act so that i can show my HR dept.
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Your Last drawn salary (Basic & DA) *9*15/26
Your Basic&DA Has been 17500 Calculation will be 17500*9*15/26 =90865
Your eligibility criteria is 8 years only and not 9 years. If you have completed 8 years plus 24o days then it can be calculated as 9 years. So your eligibility is last drawn basis plus DA * 15/26 * 8
After completion of minimum five years of service then in accordance with section 4(2) of Payment of gratuity Act, 1972 employer for every completed year of service or part thereof in excess of six months 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. So in this case this employee is entitled to have gratuity for only eight years from the employer.
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