No Tags Found!

Dear Vishal,

Members have already provided the calculation formula, which is as follows:

Basic + DA (last pay drawn) / 26 x 15 days x total number of years worked.

In this case, the amount comes out to be Rs. 11,538/-. For more details, please refer to section 4 of this Act.

R.N.KHOLA
Labour Law Consultants

From India, Delhi
Acknowledge(0)
Amend(0)

Dear CiteHR Members,

Please give some suggestions for my problem.

Mahesh
Hyderabad

My name is Mahesh. I have worked as a plumber for the last 20 years in one organization, and now at the age of 40, there is no ESI and PF. In February 2011, during my working hours, I slipped and fell down, fracturing my hand. As a result, I was absent for one day as I was unable to go to the office due to the pain in my hand.

Upon my absence, they immediately terminated me and appointed another plumber in my place. They asked me to resign from the job, and I complied. Can I receive any benefits from them for my 20 years of service? The organization is registered under the A.P. Shops and Establishment Act, but they are not maintaining proper records.

Please help me. I am very thankful.

Thank you.

From India, Hyderabad
Acknowledge(0)
Amend(0)

dear mahesh greetings for the day.. If u worked 20 years u r elible for all benefits gratuaty,p.f. but i not understand u served a group 2o years & they taken desion in one day.....rgds..........
From India, Velluru
Acknowledge(0)
Amend(0)

I am working in a software company, and in the monthly payslip, only the Basic amount shows along with other allowances like TA, HRA, & Special Allowance except DA. My question is when calculating Gratuity after 5 years without DA, I would have received a lesser amount. So please advise me in this regard, and is there any act where without DA salary can be paid. I expect good advice from you all.

Best regards,
A S RAO.

From India, Hyderabad
Acknowledge(0)
Amend(0)

Dear All,

Answers to the queries are as follows:
1. The maximum limit to earn gratuity is Rs. 10 lakhs.
2. In the event of death before completing 5 years, gratuity needs to be paid only for the number of years completed in service.

Regards,
Arvind - 9764997033

From India, Pune
Acknowledge(0)
Amend(0)

if a person is not completed one year. He has worked in a company for only 10days and he dies whether we have to pay him the gratuity amount. regards Padmaja
From India, Madras
Acknowledge(0)
Amend(0)

Dear Padmaja,

In the Gratuity Act, the minimum eligibility criteria of 5 years is not applicable in the case of an employee's death. All other conditions remain the same. Therefore, any employee who has worked for less than 6 months will not receive any gratuity as per the Act. In the case of employees who have worked for more than six months and then pass away, they are eligible for gratuity as per the Act.

Regards,
SC

From India, Thane
Acknowledge(0)
Amend(0)

Anonymous
Dear All,

Gratuity payment has the following points to remember:

1. 5 years of service in the normal course.
2. Maximum gratuity amount is Rs. 10 Lakh.
3. In case of death while in service, the condition of a minimum of 5 continuous years of service does not apply.
4. The recipient of gratuity is required to submit an application in the prescribed form to the employer requesting payment of gratuity.
5. The employee must submit a nomination to the employer.
6. Deductions from gratuity can be made if an employee is found guilty of causing losses to the organization (as specified under the law).

Arvind Kulkarni

From India, Pune
Acknowledge(0)
Amend(0)

Anonymous
282

Dear All, Is the ceiling of Rs.10 lakhs, also applicable for Maharashtra Govt. or is the ceiling across India at Rs.10,000/-?
From India, Mumbai
Acknowledge(0)
Amend(0)

Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.






Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.