After completion of 5 years service additional more than 2 months. Will I get my Gratuity in consolidated Salary.
This is my consolidated Salary Rs.11525/- per month.
Dear friend,
Whenever the salary /wages is a consolidated amount, the entire sum should be taken into account for the calculation of gratuity under the Payment of Gratuity Act, 1972. You are entitled to gratuity for 5 years at your entire consolidated salary drawn in the last month of your service.
Hi
Further to the advise received from the learned members, please be informed that the amount will be for 5 years as of now unless you are still in the employment and it is more than 6 months in the calendar year during which case it will be taken as one year. Essentially you need to cross the first criteria of 5 years to be eligible for the gratuity and any portion of the year which is more than 6 months [in the last year in service] will be counted as one year. If you work for 5 years, 6+ months in the 6th year, it will be 6 years of gratuity.
Thanks and Regards
Yes, you are eligible for gratuity, provided you should quit your job. It's is a terminal benefit and payable only when an employee leaves the service after completing continuous 5 yrs' service with the very same employer. It's not payable every month even after completion of 5 yrs.
Dear Muhammed Asif,
Your query how to calculate bonus in this scenarios.
1. Gross salary is 25000/- and Basic+DA = 14000
Answer: He is eligible for Bonus on Basic+DA i.e. on Rs.14,000/-
2. Gross Salary Rs.50000 and Basic Salary Rs.25000
Answer: He is not eligible for Bonus as Per Payment of Bonus Act as his Basic salary is >Rs.25K.
However, your Company can pay him ex-gratia. No law will stop you paying an ex-gratia.
Regards,
Suresh
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