an employee is getting a consolidated salary of 27000. whether he is eligible for gratuity. how to calculate the gratuaty.salary is not bifurcated as Basic + DA. how to proceed help me.
From India, Coimbatore

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Dear Selvaraj,

Though the last drawn salary is an important factor for calculation of the statutory gratuity payable to an employee on the termination of his employment, neither the mode of its payment nor its constitution like consolidated or componential structure plays any role in the determination of his eligibility for gratuity under the PG Act 1972.

On the contrary, in case of consolidated salary/wages, the entire sum would be taken into account for the purpose of calculation of gratuity under the Act; if it comprises of several components like basic, dearness allowance and other allowances, only the sum of basic and D.A would be taken into account.

From India, Salem
In the absence of any specific bifurcation the whole salary will qualify for gratuity. If you get a consolidated salary, obviously, the entire sum will qualify for deduction if you take a leave without pay. Many companies follow a pattern with Basic, DA, etc but the entire sum will qualify for deduction in the case of leave without pay. In such circumstances, my opinion is that you should demand gratuity on the whole salary.
From India, Kannur

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