Hi, sailu
Applicable
Every factory (as defined in the Factories Act), mine, oilfield, plantation, port, and railway.
Every shop or establishment to which the Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year-end.
Any establishment employing 10 or more persons as may be notified by the Central Government.
Once the Act applies, it continues to apply even if employment strength falls below 10.
Eligibility
Any person employed on wages/salary. At the time of retirement, resignation, or on superannuation, an employee should have rendered continuous service of not less than five years. In the case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.
Benefits
The quantum of gratuity is to be computed at the rate of 15 days' wages (7 days' wages in the case of seasonal establishments) based on the rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 months. The total amount of gratuity payable shall not exceed the prescribed limit. In cases where a higher benefit of gratuity is available under any gratuity scheme of the company, the employee will be entitled to the higher benefit.
Calculation of Gratuity:
1. Gratuity = Monthly Salary x 15 days x No. of yrs. of service.
2. Max. Gratuity payable under the Act is Rs. 3,50,000/- (w.e.f. 24-9-1997)
Penal Provisions
Nonpayment of gratuity payable under the Act is punishable with imprisonment up to 2 years (minimum 6 months) and/or a fine up to Rs 20,000/-. Other contraventions/offenses attract imprisonment up to 1 year and/or a fine up to Rs 10,000.
Regards, shaktiraj