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Student of life
Payment of Gratuity Act -calculation of 240 days...

1. 240 days - its days present by employee only( excluding or including weekly off, or national holiday or approved leave )?
2. It's 4.8 M - (30 days * 8 M = 240 ), but it shows 4.9 M in many places.. which is correct?

Please do guide ...

From India, Mumbai
Student of life
Also, in many companies , Gratuity part of CTC .. .. 1.how deduction happens .... Monthly or Yearly? 2. if Employee leave less than 5 yr .. what happens to Gratuity deduction ?
From India, Mumbai
kamlesh111
10

In the case of Akilandeswari Mills Ltd., Salem v. Assistant Commissioner of Labour (Controlling Authority under Payment of Gratuity Act), Salem, 2000-I- LLJ 1411 (MAD. HC) : 1999 II LLN 262 : 1999 LLR 576, the Hon'ble Court held that while determining continuous service of an employee, cessation of work on weekly or national holidays shall also be included, as the cessation of work on such days are not due to any fault of the employee.

Regards,

From India, Delhi
Agarwal BD
6

Gratuity in CTC may be shown as a cost to the company towards the employee but there is no deduction made from the employee's salary on account of gratuity. It is a statutory benefit which the employer is required to pay to employees who have completed 5 or more years of service with the organization. For the purpose of calculating that the employee has worked for the full year 240 days worked is the criteria. The gratuity is calculated @ 15/26 x Basic salary x No. of years of completed years of service.
If the employee leaves before 5 years then the employer is not obligated to make any payment towards gratuity.

From India, Kolkata
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