Hello Mr Gaurav Tomar,
Sorry for the delay to answer your querry, actually today only I have gone through your post. However, pls note my points in various aspects of Gratuity:-
DEFINITION: An act to provide for a scheme for the payment of gratuity to employees engaged in “Factories, Mines, Oilfields, Plantations, Ports, Railway Companies, Shops or Other Establishments” and for matters connected therewith or incidental thereto. This Act Extends to the whole of India except State of J&K.
Concept of Gratuity:-This is a Social Security enactment. Gratuity is derived from the word “Gratuitous” which means ‘Gift’ or ‘Present’. This is a retirement benefit being paid when the employee retires or leaves the service, so that the employee can live comfortably after retirement.
Applicability: Every factory, mine, oilfield, plantation, port and railway, every shop or establishment within the meaning of any law in which ten or more persons are employed, or were employed, on any day of the preceding twelve months, or to such other establishments as the Central Govt. may, by notification, specify. If once this Act has become applicable to any establishment, it shall continue to be governed by this Act even if the number of persons employed become falls below ten.
Wages: “Wages” shall consist of Basic pay plus D.A. However, allowances like Bonus, Commission, HRA, Overtime etc. are not to be considered for calculations of gratuity.
Eligibility:- Gratuity is payable to an employee who resigns after completing at least “5 years” of service. For Gratuity payment every employee is eligible irrespective of the salary.
Formula for calculating Gratuity: Gratuity is payable @ 15 days wages for every completed year. If in last year, the service is more than 6 months, it will be counted as full year for purpose of gratuity. It is applicable only after of 5th year onwards. The general formula = 15/26*No. of service year*Last Wages drawn
Gratuity is not a deductive component. It is paid by the employer over and above the monthly salary. However, the HR can show the Gratuity as a part of CTC.