In the definition Other allowances shall include allowances not forming part of wages but within the terms of employment. In private companies, however, other allowance is an allowance paid to all employees and is the residue left after appropriating the least of the gross wages to Basic Pay and then to HRA, then to Conveyance etc. In private companies 'other allowance" forms the biggest component also. interestingly when you take a leave all these components will get deducted. It is not simply Basic wages which is subjected to deduction but the entire emoluments are proportionately reduced.
In many organisation, the basic wages will remain unchanged every year but in their (salary)increment letter they increase HRA and other allowances. When basic pay (fixed by the employer) is the salary which qualifies to gratuity why there is no annual increment in it is a question generally asked by blue cour and wile colour employees.
The definition of wages under Gratuity Act is more or less similar to what is given in Provident Fund Act. Under PF Act basic wages means gross salary. The exception is available only to HRA which is paid separately and not forming part of salary but within the purview o service agreements.
I believe that an for an employee what is salary is the total sum and the bifurcation is done by the employer. As such what an employee agrees is the total salary and not the compartments involved in it. My perception about gratuity qualifying salary is centered in these elements.
In public sector there is a definite pay structure with Basic component, DA varying according to changes in the CPI, allowances like HRA which are paid as per city of residence, category of employees and other parameters. but private companies do not have such basic pay scales. they fix the lowest amount as basic salary and generally take 40% or 50% of the gross salary as HRA on the presumption that Income Tax authorities permit such calculation. The calculation of income tax is different and it is not based on gross salary. Moreover, for deduction for absence from duty, gross salary is the salary agreed and for contribution or payment of gratuity the basic pay is the agreed salary. For me, what is deducted as one day's salary in case an employee takes a leave is the salary due to him for all purposes. If we allow to accept broken up salary for the purpose of statutory contributions, the gratuity which a daily rated casual worker gets will be far higher than a monthly paid manager!
From India, Kannur
4193In many organisation, the basic wages will remain unchanged every year but in their (salary)increment letter they increase HRA and other allowances. When basic pay (fixed by the employer) is the salary which qualifies to gratuity why there is no annual increment in it is a question generally asked by blue cour and wile colour employees.
The definition of wages under Gratuity Act is more or less similar to what is given in Provident Fund Act. Under PF Act basic wages means gross salary. The exception is available only to HRA which is paid separately and not forming part of salary but within the purview o service agreements.
I believe that an for an employee what is salary is the total sum and the bifurcation is done by the employer. As such what an employee agrees is the total salary and not the compartments involved in it. My perception about gratuity qualifying salary is centered in these elements.
In public sector there is a definite pay structure with Basic component, DA varying according to changes in the CPI, allowances like HRA which are paid as per city of residence, category of employees and other parameters. but private companies do not have such basic pay scales. they fix the lowest amount as basic salary and generally take 40% or 50% of the gross salary as HRA on the presumption that Income Tax authorities permit such calculation. The calculation of income tax is different and it is not based on gross salary. Moreover, for deduction for absence from duty, gross salary is the salary agreed and for contribution or payment of gratuity the basic pay is the agreed salary. For me, what is deducted as one day's salary in case an employee takes a leave is the salary due to him for all purposes. If we allow to accept broken up salary for the purpose of statutory contributions, the gratuity which a daily rated casual worker gets will be far higher than a monthly paid manager!
From India, Kannur
Saswata
Have you read my query and understood it as you claim to be a an Auditor.
How is the company loosing and the employee gaining
Can u explain your stand with calculations to support your presumptions.
Anuradha
Anuradha, I have read your post and I do not understand your query.
If you look at the attachment you have posted, You are computing gratuity at 4.8% of salary as a part of CTC. The total of 5 years is ₹ 89,542. If you considering the CTC as the money the employee gets for his work (which technically is wrong), it means the employee is due that amount. Or another way of thinking is that out of his CTC, ₹ 89,542 is deducted over the years (since it is not paid to him).
At the end when the employee leaves, he is getting ₹ 94,553
What was 'deducted' is ₹ 89,542
Now please tell me who is gaining and who is losing?
Please tell me how the employee thinks he is losing ₹ 5,o00
From India, Mumbai
Have you read my query and understood it as you claim to be a an Auditor.
How is the company loosing and the employee gaining
Can u explain your stand with calculations to support your presumptions.
Anuradha
Anuradha, I have read your post and I do not understand your query.
If you look at the attachment you have posted, You are computing gratuity at 4.8% of salary as a part of CTC. The total of 5 years is ₹ 89,542. If you considering the CTC as the money the employee gets for his work (which technically is wrong), it means the employee is due that amount. Or another way of thinking is that out of his CTC, ₹ 89,542 is deducted over the years (since it is not paid to him).
At the end when the employee leaves, he is getting ₹ 94,553
What was 'deducted' is ₹ 89,542
Now please tell me who is gaining and who is losing?
Please tell me how the employee thinks he is losing ₹ 5,o00
From India, Mumbai
If it is written by you in the appointment letter that the payment of gratuity shall be as per the Payment of Gratuity Act 1972, then the gratuity will be payable only after completion of 5 years service, that too @ last drawn salary of the employee. Otherwise, if the employee has not completed 5 years service, then the gratuity would be payable as per CTC i.e. at the rate drawn by the employee from time to time.
- S. K. Mittal
Industrial & Labour Lawyer
9319956443
From India, Faridabad
- S. K. Mittal
Industrial & Labour Lawyer
9319956443
From India, Faridabad
All 'other allowances ' though part of terms of employment is excluded in the definition of wages in the POG Act.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Allowances uniformly paid to all employees should be part of wages/salary. I repeat that if this "other allowances" is considered for deduction in proportion to the days an employee remained on leave without pay, it should be part of wages/ salary for all purposes including gratuity.
From India, Kannur
From India, Kannur
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Gratuity calculation.doc
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