Gratuity & The Sections Pertaining To Gratuity

Dear Member,
We are to follow definition of wages as provided by sec 2(s) of Payment of Gratuity Act, 1972 which may be read as under.
Sec. 2(s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
Regards,
R.N.KHOLA
www.skylarkassociates.com/

Dear Sunil,

If your establishment is covered under the P G Act, 1972 then your query relates to sec.7 of this Act, relevant portion is reproduced hereunder for your ready reference.

7. Determination of the amount of gratuity.—

(1)A person who is eligible for payment of gratuity under this Act or any person authorised, in writing to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined.

[(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

With Regards,

R.N.KHOLA I I LL & IR I

Skylark Associates I Gurgaon I Haryana I



Welcome Skylark Associates

Greetings of the day .....!!!!!
Here is the link where you can find all about Gratuity in a very easy to understand language for fresher like me.
All you want to know about gratuity

Dear All,
Can you help me in guiding for getting gratuity amount from my pervious organisation.
I worked in an organisation for 5 years and the organisation refused to give my gratutiy amount. I joined on 01.05.2006 and resigned on 14.05.2011. The organisation says that according to sec 2(a) of the Act , the employees should have continuous service of 5 years. Since I joined on 01.05.2006, I am not qualified to get the gratutiy benefit for the year 2006. Subsequently, I resigned my job on 14.05.2011 and had not put up the required number of days in the particular year. Therefore my total number of years of service is only 4 years. Is this correct, kindly help me
Thanks,
Shanthi

Hi Everyone,
Thank you for such valuable and relevant answers.
I wish to know, whether any employee completing 5 years with an organization is eligible for Gratuity or there is a compulsion that PF is deducted from the person's salary. Has gratuity anything to do with PF deduction??
I look forward to your response.
Thanks and Regards,
Harvinder

Hi,
I also have the same query regarding Gratuity as of Sapna.
My employer has refused to pay me Gratuity. However i have completed 4yrs 9 mnths (continuous service).
Please guide me how can i claim my gratuity.
Regds,
Charu

Dear Sir,
I have been asked the following questions my interview
While separation (resignation) of non-management (union)employees form their employement, for calaulation of gratuity, dearnees allowance was considered. But for Management cader, dearness allowance was not considered for calculation the interviewrs asked why?
I replied that as per Industraial dispute act, DA constitute a part of wage. So DA was considered.But Management cader, they are not covered under ID act
Beyound that, where as in case of PF, why DA was attracting for claculation of PF. but why management cader DA not considered for calculation.
I replied that it depends up on company policy.
Kindly reply whether i have replied correct answer, if not please give correct answer
Regards
Benison

Dear Friend,
Our friends are elaborately discussed about the Gratuity Act.
However pls note that 4 yrs and 240 days( 5th year) will be applicable for gratuity in Tamil Nadu only ( pls refer Mettur Judgement given by the Madras High court.)
In other states, you need to complete 5 yrs of continuous service.
S Rajasekaran
[Login to view]

Dear Colleagues
In furtherance to the discussion, if an employee completes 5 years of service ,elgible for gratuity. right but gratuity will be paid for those number of years, in which the employee attends 240 days. suppose during five years of service, if the employee does not attend 240 days in one year, gratuity will be paid for 4 years only.
I hope you understand my point.
Thanks and Regards.
AVGN Vara Prasad

Hi,
Regarding Gratuity i want to know if a company shut down it operation within 5 year of operation is employee is eligible for gratuity in full and final payment