We seek your clarification regarding the gratuity payable to one of our employee, who has absented from duty since 05.11.2016. (last year)
The said Employee is working in our company from 02.11.2007 as Assistant Engineer in Machine shop department. He has not been coming to office from 05.11.2016 to till date. We had issued him a notice for absenteeism.
The said employee has taken a personal loan from Bank. The Company had undertaken to credit his salary every month till the closure of the loan and seek “NOC” from the Bank before disbursing terminal benefits arising out of resignation/termination/retirement etc..
The terminal benefits payable to the employee was lesser than the loan outstanding. Hence we could not get NOC from the Bank and the said employee could not be terminated.
The EMI for the loan availed by the employee is being deducted from the salary of the guarantor, who is also our employee.
The Basic+ VDA of the said employee was Rs. 10,532/- as on November 2016. His last working day was 05.11.2016. Due to non-availability of NOC from Bank even now he is on rolls with unauthorized leave (loss of pay).
Joining date is 02.11.2017
Last working date was 05.11.2016
Last Basic+ VDA drawn was Rs. 10,532/-
Relieving date from muster rolls will be on 30.11.17
Kindly advice what should be the gratuity amount payable to employee?. Should we apply the minimum wages as applicable under Electronic Industry for a skilled employee, i.e., Rs.12,065.60 or should we pay the last Basic+VDA paid, i.e., Rs.10,532/-.
Request to please inform me the calculation of gratuity.
Regards,
Hari
The said Employee is working in our company from 02.11.2007 as Assistant Engineer in Machine shop department. He has not been coming to office from 05.11.2016 to till date. We had issued him a notice for absenteeism.
The said employee has taken a personal loan from Bank. The Company had undertaken to credit his salary every month till the closure of the loan and seek “NOC” from the Bank before disbursing terminal benefits arising out of resignation/termination/retirement etc..
The terminal benefits payable to the employee was lesser than the loan outstanding. Hence we could not get NOC from the Bank and the said employee could not be terminated.
The EMI for the loan availed by the employee is being deducted from the salary of the guarantor, who is also our employee.
The Basic+ VDA of the said employee was Rs. 10,532/- as on November 2016. His last working day was 05.11.2016. Due to non-availability of NOC from Bank even now he is on rolls with unauthorized leave (loss of pay).
Joining date is 02.11.2017
Last working date was 05.11.2016
Last Basic+ VDA drawn was Rs. 10,532/-
Relieving date from muster rolls will be on 30.11.17
Kindly advice what should be the gratuity amount payable to employee?. Should we apply the minimum wages as applicable under Electronic Industry for a skilled employee, i.e., Rs.12,065.60 or should we pay the last Basic+VDA paid, i.e., Rs.10,532/-.
Request to please inform me the calculation of gratuity.
Regards,
Hari