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Khansir
I worked in a Public School for 8 years and 4 months. In the letter of contract gratuity is not mentioned. I wrote a letter to my employer requesting him to give me gratuity. he is not responding to my letters. I would like to know
(a) Am I entitled to get gratuity.
(b) What should be the amount if my basic salary + DA was Rs 20000/- per month
(c) What should I do if the employer doesn't give me gratuity?
(d) Is there any penalty for the employer if he doesnt' give me gratuity.
From
Amir H Khan

From India, Delhi
sophia@gpoly.in
DA - Dear Allowances
DA (dearness allowance) is a part of the Salary which is based on the cost of living of the place where you live in. Each town or city is classified based on a few criteria like Infrastructure, population etc on which the DA is calculated.
also find below the details of 15 days in gratuity.
Gratuity received under the Payment of Gratuity Act, 1971 is exempt to the extent that it does not exceed 15 days' salary for every completed year of service calculated on the last drawn salary subject to a maximum limit.

From India, Mumbai
manohara152
Hi friends. who has completed of his 4years 6months experiance he is eligible to get the gratuity. Manohara
From India, Bangalore
R.N.Khola
363

Dear Manohara, He is not eligible to get gratuity. R.N.Khola
From India, Delhi
eileenazurin
Dear Khola,
With regards to your reply to Manohara, saying that an employee who has reached 4yrs and 6 months of continuous service is not entitled of gratuity yet. Does it mean that an employee can be entitled for a full gratuity payment only when he or she has reached 4 yrs and 6 months and 1 day? in which according the labor law that 6 months and 1 day is considered as complete 5 yrs. Please correct me if i'm wrong.
thank you very much.
cheers!
Eileen

From United Arab Emirates, Dubai
R.N.Khola
363

Dear Eileen,
According to section 4 of the P G Act, 1972 an employee is required to complete five years of continuous service for becoming eligible for receiving gratuity from the employer. Now coming to the point of calculation we are to see that for every completed of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned. For more details you may go through section 4 of this Act.
[SIZE=1][B][COLOR=red][FONT=Verdana]R.N.KHOLA

From India, Delhi
shivakumar_1980
1

Above mentioned formula is ok...
we can use this formula also......
(Ba+DA)/26* 15day * nos of year services (minimum 5 years complition. After 5 years 5.6 years shuld consider as 6 years)
Regards
Shivakumar

From India, Bangalore
s10d5
hi madhu.t.k thank u very much for ur explanation i would like to know is there diff criterias for calculation of gratuity for private and public sector employees?
From India, Mumbai
Madhu.T.K
4193

No, it applies to all establishments covered by the Payment of Gratuity Act Regards, Madhu.T.K
From India, Kannur
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