Dear All,
I wish you all a very very hapyy New Year 2010.
The Payment of Gratuity Act, 1972, applies to factories and other establishments employing 10 or more persons. On completion of five years service, the employees are entitled to payment of gratuity at the rate of 15-day wages for every completed year of service or part of it in excess of six months subject to a maximum of Rs 3.5 lakh. Till date no amendment has been made to the existing provisions of the Act.
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, on the following three comditions
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement
The Claculation is done on ( Basic/26)*15*(Total number of years worked, more than 5)
The gratuity is considered an income and the employee who receives it is liable to pay taxes on it. However, gratuity up to Rs 3.5 lakh is exempt from tax under the provisions of Section 10(10) of the Income Tax Act, 1961.
Regards
Nirmal
__________________