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Sir, I was on maternity leave from January 2020 to June 2020. Later, I was terminated from the company. My total experience is 14 years, and my basic salary is 40k. However, now they want to calculate gratuity based on a basic salary of 20k. Can you suggest what I should do in this situation?
From India, Hyderabad
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KK!HR
1593

Gratuity is to be calculated on basic pay + DA. The term "wages" is defined in the Payment of Gratuity Act as follows:

"Wages" means all emoluments that are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and that are paid or are payable to him in cash. It includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages, or any other allowance.

So, you can seek a revision of the calculation based on the above information.

From India, Mumbai
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