Dear All,
The possible explanation for *15 & /26 can be given thus. The Payment of Gratuity Act, 1972 provides for payment of
gratuity @ half month's salary for every year for services rendered. Minimum services for being eligible for payment of gratuity is 4 years, six months and two days. Six months and two days rounded off to one full year, completing 5 years.
Recently a high court most probably Tamil Nadu High Court had given a verdict to this effect. There iare no separate formulae for calculation of gratuity for retirement/resignation and death. Some employers offer higher gratuity in death cases. An employer may offer gratuity higher than Rs.10 lakh (from 24/05/2010) but the amount over and above Rs.10 lakh would be taxable.
Imprtant note: An employee dismissed from service on account of misconduct, loses right to get gratuity from his employer.
Shyam Agrawal
The possible explanation for *15 & /26 can be given thus. The Payment of Gratuity Act, 1972 provides for payment of
gratuity @ half month's salary for every year for services rendered. Minimum services for being eligible for payment of gratuity is 4 years, six months and two days. Six months and two days rounded off to one full year, completing 5 years.
Recently a high court most probably Tamil Nadu High Court had given a verdict to this effect. There iare no separate formulae for calculation of gratuity for retirement/resignation and death. Some employers offer higher gratuity in death cases. An employer may offer gratuity higher than Rs.10 lakh (from 24/05/2010) but the amount over and above Rs.10 lakh would be taxable.
Imprtant note: An employee dismissed from service on account of misconduct, loses right to get gratuity from his employer.
Shyam Agrawal