Dear all,
I have one query related to gratuity:
1. An employee retired at the age of 58 years.
2. He completed 4 years of service in a private limited company.
3. If he is entitled, would it be taxable or non-taxable?
Reply and suggestions, please.
Regards,
Sumit
From India, Gurgaon
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I have one query related to gratuity:
1. An employee retired at the age of 58 years.
2. He completed 4 years of service in a private limited company.
3. If he is entitled, would it be taxable or non-taxable?
Reply and suggestions, please.
Regards,
Sumit
From India, Gurgaon
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Sorry, but that is allowed only in the case of death or disablement. In the case of superannuation, 5 years are mandatory. Check this to know if you are eligible or not: [Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com)
From India, Kolkata
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180From India, Kolkata
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Dear Sumit,
Section 4 of the Payment of Gratuity Act, 1972 provides that gratuity shall be payable to an employee on his superannuation, retirement, or resignation after completing continuous service for not less than five years. Since the employee has not completed the mandatory period of five years upon retirement, he shall not be entitled to the payment of gratuity under the Act.
BS Kalsi,
Member since August 2011
From India, Mumbai
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Section 4 of the Payment of Gratuity Act, 1972 provides that gratuity shall be payable to an employee on his superannuation, retirement, or resignation after completing continuous service for not less than five years. Since the employee has not completed the mandatory period of five years upon retirement, he shall not be entitled to the payment of gratuity under the Act.
BS Kalsi,
Member since August 2011
From India, Mumbai
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All suggestions are correct. However, from my side, I have a small suggestion regarding the eligibility for gratuity. If an employee completes 5 years of service without any absences or breaks in service, they are automatically considered eligible for gratuity. But what happens if an employee has not completed the full 5 years of service? For instance, if an employee completes 4 years and 10 months of service, what would happen? According to the Industrial Disputes Act, if an employee completes 240 working days in a year, they are eligible to receive all employment benefits as per the law. In such a scenario, an employee who has completed 4 years and 240 working days of service would be eligible for gratuity.
It is important to note that tax on gratuity is not applicable. Our trust is here to clarify any queries you may have.
From United Arab Emirates, Dubai
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It is important to note that tax on gratuity is not applicable. Our trust is here to clarify any queries you may have.
From United Arab Emirates, Dubai
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240 days is for orgs working 6 days a week; those working 5 days a week it is 190 days. Check definition of continuous service.
From India, Mumbai
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From India, Mumbai
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Dear Prathap,
There is no doubt that your contention is correct for the cases where an employee has completed 4 years and 10 months. The Madras High Court has also favored your contention, but sorry to say that the instant employee has completed only four years, as mentioned by Sh. Sumit in his post.
BS Kalsi, Member since August 2011
From India, Mumbai
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There is no doubt that your contention is correct for the cases where an employee has completed 4 years and 10 months. The Madras High Court has also favored your contention, but sorry to say that the instant employee has completed only four years, as mentioned by Sh. Sumit in his post.
BS Kalsi, Member since August 2011
From India, Mumbai
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When not eligible for gratuity on merely of 4 years of service, where the question of income tax arises? Even if eligible after qualifying service that is exempt from income tax.
From India, Delhi
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From India, Delhi
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Hi Sumit,
If the employee has completed 4 years and 8 months of continuous service and reaches the retirement age, then they are eligible to receive gratuity under the act. If this period is not completed as required, the employee will not be able to claim gratuity. No tax is applicable to gratuity claims.
Regards,
Anesh
Manager HR
From India, Kollam
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If the employee has completed 4 years and 8 months of continuous service and reaches the retirement age, then they are eligible to receive gratuity under the act. If this period is not completed as required, the employee will not be able to claim gratuity. No tax is applicable to gratuity claims.
Regards,
Anesh
Manager HR
From India, Kollam
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As mentioned, the employee retired at the age of 58 years on superannuation after serving for 4 years. It is clear to the management that the individual will be due for retirement after 4 years and will not be eligible for the Gratuity payment since the same falls due on completion of 5 years of service. If the gratuity subscription (4.81%) of Basic was shown as part of CTC, then the amount can be paid because it was well known in advance that the individual would not be eligible for gratuity upon retirement. If it was not part of CTC, then there is no need to pay.
From India, Bahadurgarh
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From India, Bahadurgarh
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Hi Kalsi,
I understand the content of the query raised by Mr. Sumit. I appreciate your valuable advice in this regard. Meanwhile, Mr. Sumit has queried that the employee completed his 4 years of service upon retirement. However, there is no specific duration of service communicated. Hence, I have explained both conditions of eligibility.
Thanks,
From United Arab Emirates, Dubai
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I understand the content of the query raised by Mr. Sumit. I appreciate your valuable advice in this regard. Meanwhile, Mr. Sumit has queried that the employee completed his 4 years of service upon retirement. However, there is no specific duration of service communicated. Hence, I have explained both conditions of eligibility.
Thanks,
From United Arab Emirates, Dubai
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Hi Srikanth,
How do you calculate 190 days in a year with only 5 working days in a week? It should total 260 days in a year. Additionally, the query is not fair because according to company/organization policy, weekends (Saturday and Sunday) are considered weekly-off days with payment. These days are considered part and parcel of a working day, especially for salary-based employees. For wage-based blue-collar employees, they should have exactly 240 paid working days. Therefore, continuous service implies being present without any absences, loss of pay, or any unpaid services, maintaining a consistent work record.
Thank you.
From United Arab Emirates, Dubai
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How do you calculate 190 days in a year with only 5 working days in a week? It should total 260 days in a year. Additionally, the query is not fair because according to company/organization policy, weekends (Saturday and Sunday) are considered weekly-off days with payment. These days are considered part and parcel of a working day, especially for salary-based employees. For wage-based blue-collar employees, they should have exactly 240 paid working days. Therefore, continuous service implies being present without any absences, loss of pay, or any unpaid services, maintaining a consistent work record.
Thank you.
From United Arab Emirates, Dubai
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Calculation of Layoff latest rules can be post any one please?
From India, Delhi
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From India, Delhi
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Dear BSR Rao,
Section 25-C of the Industrial Disputes Act, 1947 provides that a workman (other than a badli or casual workman) shall be paid layoff compensation by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene. This compensation shall be equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him had he not been laid off.
BS Kalsi,
Member Since August 2011
From India, Mumbai
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Section 25-C of the Industrial Disputes Act, 1947 provides that a workman (other than a badli or casual workman) shall be paid layoff compensation by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene. This compensation shall be equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him had he not been laid off.
BS Kalsi,
Member Since August 2011
From India, Mumbai
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Prathap Kodaganti Have your read definition of 'continuous service' under the act? Please read and then put forth your point, if any.
From India, Mumbai
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From India, Mumbai
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Prathap Kodaganti,
I agree with Sh. Shrikant that instead of quoting the ID Act for the calculation of 240 days, you should have read the definition of "Continuous service" given under Section 2A of the Payment of Gratuity Act, 1972 itself.
I have confined my reply to the query initially raised by Sh. Sumit, but you have given another twist to the ongoing thread mentioning what would happen if an employee completes 4 years and 10 months of service. In such cases, we mostly refer to the judgment of the Madras High Court, which has allowed relief to such employees.
BS Kalsi,
Member since August 2011
From India, Mumbai
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I agree with Sh. Shrikant that instead of quoting the ID Act for the calculation of 240 days, you should have read the definition of "Continuous service" given under Section 2A of the Payment of Gratuity Act, 1972 itself.
I have confined my reply to the query initially raised by Sh. Sumit, but you have given another twist to the ongoing thread mentioning what would happen if an employee completes 4 years and 10 months of service. In such cases, we mostly refer to the judgment of the Madras High Court, which has allowed relief to such employees.
BS Kalsi,
Member since August 2011
From India, Mumbai
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Prathap Kodaganti, A copy of the Madras High Court is attached herewith for your ready reference. BS Kalsi, Member since August, 2011
From India, Mumbai
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From India, Mumbai
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Dear Friend,
Any case citation is case-specific and cannot override the law in force. The law will continue as long as it is not amended. The continuous service of 240 days and the tenure of one year of service are two different aspects and should be understood in line with the law framed while keeping those two things in mind.
From India, Mumbai
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Any case citation is case-specific and cannot override the law in force. The law will continue as long as it is not amended. The continuous service of 240 days and the tenure of one year of service are two different aspects and should be understood in line with the law framed while keeping those two things in mind.
From India, Mumbai
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Less than 5 years service - Eligibility for payment of gratuity.pdf
Gratuity - Taxation Issues.docx