My basic is 40k but now they want to give gratuity on the basic 20k - Can you suggest?

nani-anu
Sir, I am on maternity leave from Jan-2020 to June -2020, later there terminated from the company, total my experience 14 years, my basic is 40k but now they want to give gratuity on the basic 20k. Can you suggest?
KK!HR
Gratuity is to be calculated on basic pay + DA. The term wages is defined in the Payment of Gratuity Act as follows:
(s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which arc paid or arc payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
So you can seek revision of calculation on the above basis
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