Dear All,
I have one query related to the working day count during lockdown.
Q 1. How to take/count the lockdown period while calculating EL/Bonus/Gratuity for full and final settlement? Please provide SC notice/Judgment for making these queries clear.
Looking for your support!
Regards, Prem Soni 9251400802 Location: Alwar, India
From India, Alwar
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7I have one query related to the working day count during lockdown.
Q 1. How to take/count the lockdown period while calculating EL/Bonus/Gratuity for full and final settlement? Please provide SC notice/Judgment for making these queries clear.
Looking for your support!
Regards, Prem Soni 9251400802 Location: Alwar, India
From India, Alwar
Acknowledge(0)Amend(0)
Calculating EL/Bonus/Gratuity During Lockdown Period
During the lockdown period, it is essential to handle the calculation of earned leave (EL), bonus, and gratuity for full and final settlement accurately. Here are practical steps to consider:
1. Earned Leave (EL):
- As per the guidelines of the respective state labor laws, the lockdown period can be considered as non-working days for the purpose of EL calculation.
- Check the specific rules applicable in your region or refer to the Shops and Establishments Act of the state for detailed provisions.
- Ensure that the EL calculation includes only the actual working days and excludes the lockdown period.
2. Bonus:
- The Payment of Bonus Act, 1965, mandates the calculation of bonus based on a specified formula that includes the lockdown period as non-working days.
- Refer to the Act for the exact methodology to compute bonus during such extraordinary circumstances.
- Consult with legal experts or relevant authorities for any recent notifications or amendments related to bonus calculations during lockdown.
3. Gratuity:
- The Payment of Gratuity Act, 1972, requires employers to consider the lockdown period as part of the continuous service for gratuity eligibility.
- Calculate the gratuity amount based on the total service period, including the lockdown days, as deemed part of service.
- Seek guidance from legal advisors or the labor department to ensure compliance with gratuity calculation norms during the lockdown period.
It is crucial to adhere to the specific laws and regulations applicable to EL, bonus, and gratuity calculations during the lockdown period to avoid any discrepancies in the final settlement process.
For further clarification and specific legal references, you may refer to the relevant sections of the respective labor laws or consult with legal professionals specializing in employment regulations.
Ensure that the calculations are in line with the statutory requirements and transparently communicated to the employees involved in the full and final settlement process.
From India, Gurugram
Acknowledge(0)Amend(0)
During the lockdown period, it is essential to handle the calculation of earned leave (EL), bonus, and gratuity for full and final settlement accurately. Here are practical steps to consider:
1. Earned Leave (EL):
- As per the guidelines of the respective state labor laws, the lockdown period can be considered as non-working days for the purpose of EL calculation.
- Check the specific rules applicable in your region or refer to the Shops and Establishments Act of the state for detailed provisions.
- Ensure that the EL calculation includes only the actual working days and excludes the lockdown period.
2. Bonus:
- The Payment of Bonus Act, 1965, mandates the calculation of bonus based on a specified formula that includes the lockdown period as non-working days.
- Refer to the Act for the exact methodology to compute bonus during such extraordinary circumstances.
- Consult with legal experts or relevant authorities for any recent notifications or amendments related to bonus calculations during lockdown.
3. Gratuity:
- The Payment of Gratuity Act, 1972, requires employers to consider the lockdown period as part of the continuous service for gratuity eligibility.
- Calculate the gratuity amount based on the total service period, including the lockdown days, as deemed part of service.
- Seek guidance from legal advisors or the labor department to ensure compliance with gratuity calculation norms during the lockdown period.
It is crucial to adhere to the specific laws and regulations applicable to EL, bonus, and gratuity calculations during the lockdown period to avoid any discrepancies in the final settlement process.
For further clarification and specific legal references, you may refer to the relevant sections of the respective labor laws or consult with legal professionals specializing in employment regulations.
Ensure that the calculations are in line with the statutory requirements and transparently communicated to the employees involved in the full and final settlement process.
From India, Gurugram
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