Dear All,

I have the following query/confusion regarding provisions/practices under "The Payment of Gratuity Act, 1972". Is the ceiling of Rs. 3.50 lakhs towards the maximum gratuity payable under the Payment of Gratuity Act or the maximum amount exempted under the Income Tax Act?

Regards,
Gaurang Sheth

From India, Pune
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Dear Mr. Gaurang, The amount of Rs. 3.50 lacs is the Max. eligibility for Gratuity as per Gratuity act. Regards, Santosh Iyer
From India, Pune
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Hello, Mr. Iyer,

Thank you for your reply to my query. Does this mean that if at the time of resigning or retiring, 15 days of salary multiplied by the number of years of service is more than 3.50 lakhs, legally, the employee cannot claim gratuity above 3.50 lakhs?

Regards,
Gaurang Sheth

From India, Pune
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sir, Please give me revised notification for increase in payment of Gratuity from 3.5 to 10.00lac if any.
From India, Delhi
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Dear,

The maximum gratuity limit is still Rs. 3.5 lacs. The matter is under process.

With Regards,
R.N.Khola


From India, Delhi
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1. What is the basic information required for the settlement of gratuity under the Payment of Gratuity Act, 1972?

2. An employee who has worked in any organization for 20 years or more, is it compulsory to check his/her all increment details i.e. annual increment/salary fixation which are recorded in the service book at the time of payment of gratuity due to retirement/resignation/death?

3. Any amount which has been contributed in excess towards the employer's share in the PF account due to wrong salary fixation/increment or any other reason, can this employer contribution amount be recoverable from the payable gratuity to the employee due to retirement/resignation/death?

Arun Saxena, M/s Nav Bharat, Delhi, 9911542883

From India, Lucknow
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Dear Saxena,

Gratuity is payable if an employee has completed continuous service of 5 years as per Section 2A of the Gratuity Act 1972.

For the calculation of gratuity, the present salary is taken into consideration using the following formula:
Monthly salary * 15 * Number of years of continuous service / 26

Thank you.

From India, Mumbai
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Date: 25/10/2010

Dear Sir,

I have not received an answer to my third question. Kindly review my third question again. My query is as follows:

1. Is any amount that has been contributed in excess towards the employer's share in the PF account, due to wrong salary fixation/increment or any other reason, recoverable from the payable gratuity to the employee upon retirement/resignation/death?

Arun Saxena
M/s Nav Bharat
Delhi, 9911542883

From India, Lucknow
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Dear Mr. Saxena,

1) For the settlement of gratuity under the Payment of Gratuity Act, 1972, you need to ensure a minimum of 5 years of continuous service from the employee and calculate the gratuity based on their last drawn Basic Salary. Apply the formula to calculate the gratuity.

2) There is no need to check the employee's past increment records to compute the gratuity; only the last drawn Basic salary is sufficient.

3) Any excess contribution made in the PF account cannot be recovered from the gratuity amount because the controlling authorities for both acts are different and hence cannot be adjusted.

Regards,
Uday Raverkar
Dy. Manager-HR
RSIL-Indore

From India, Indore
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Dear Sir , IF Graduity Limit increased from 3.5 lac to 10 lac, so please share the notifiacation for the same . Regards, Anand
From India, Mumbai
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Dear Anand,

Please find attached herewith the required notification.

R.N.KHOLA (LL&IR) Welcome Skylark Associates


From India, Delhi
Attached Files (Download Requires Membership)
File Type: pdf Gratuity Act (Gazette Notifications) 18 & 24 May, 2010.pdf (726.5 KB, 660 views)

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Dear Seniors I’ve join the new company , in which I’ve got a query in which X employee is left the company after 4 Year 6 months 20 days , can he eligible for the gratuity or not
From India, Indore
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Dear akhilesh, In our opinion your X employee is not entitled for gratuity under PG Act, 1972. R N KHOLA
From India, Delhi
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Dear Seniors,

My friend has joined a new organization where, up to now, there has been no gratuity scheme. However, the management now wants to implement it for those employees who have worked around 10+ years in the organization.

Thank you.

From India, Indore
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i am working in a college registered under society registration. This college was registered in 1995. I am working here since 2000. Would I get gratuity from year 2000 till date if i resign today.?
From India, Lucknow
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