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 the 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 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 Government may, by notification, specify. 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 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 at 15 days' wages for every completed year. If in the last year, the service is more than 6 months, it will be counted as a full year for the purpose of gratuity. It is applicable only after the 5th year onwards. The general formula is: (15/26) * Number of service years * Last wages drawn. Gratuity is not a deductive component. It is paid by the employer over and above the monthly salary. However, HR can show the gratuity as a part of CTC.