rajsh0912@gmail.com
Sir
My Name Is Rajeev, My Last Basic Salary Was 15k And Gross was 30k,I Worked From July 2008 To May 2015, Sir Can You Please suggest me My Gratuity Amount Because My Company Telling Me 45K And Also Deducted 15k for that I Had Given One Day Notice, Sir Is This a Right Amount ? Should I Take Or Should Go To The Court.? there was no PF & ESI deduction in my salary. what should I do need your precious advise.

From India, Delhi
umakanthan53
6018

My dear friend,
You have mentioned that your basic was 15K, gross 30K, Your employer's determination of gratuity was 45K, deduction was 15K, you've given one day notice etc.,. From these bits of information, people like me will not be able to answer your question. Basic wages and dearness allowance have to be taken into a/c for the calculation of gratuity. Also no mention about your exact dates of joining and relief.

From India, Salem
Vijay Kumar HR Trainee
21

Dear Friend,
If your Basic pay is 15k and you have worked for 7 years in your organization. your Gratuity amount will be Rs. 60,576.92
Calculations
W x Y x 15/26 where W = Last Wage drawn i.e., basic + DA
Y = number of completed years of continuous service (six months or less to be ignored and more than six months to be counted as full year.
15 = 15 days salary
26 = No. of working days in a month.
15,000*15*7/26 = Rs. 60,.576.92.
And the company will deduct one month salary(i.e basic pay) for not serving the notice period.
Rs. 60,.576.92 - 15000 = Rs. 45,576.92.
The company should pay you Rs. 45,576.92 as gratuity amount

From India, Bangalore
rajsh0912@gmail.com
Dear Sir
My exact date of joining was 19 July 2008 and relief on 10 May 2015, sir my question was that how my employer calculate my service 6 years instead of 7 years, can they deduct 1/3 of total amount of gratuity for one day notice period instead of 15days. need your expert advise.

From India, Delhi
rajsh0912@gmail.com
Vijay sir I had mail direct to Company Director and accepted it with best wishes and for better future, so how now he is deducting one month salary(i e basic pay ) according to you..
From India, Delhi
umakanthan53
6018

Dear Rajesh,
Since your total service is 6 years 9 months and 21 days, it has to be treated as 7 years. Hence your gratuity, as correctly calculated by Vijaykumar, is Rs 60577-00. But, after accepting your resignation, the management can not deduct the notice pay from the amount of gratuity.

From India, Salem
Rajesh Kumar Dubey
66

Dear Sir,
No employer can deduct the gratuity amount / hold the gratuity on this point. They will pay full amount
og gratuity which is due as above.
Yet they may ask you to pay balance notice pay amount separately.
Regards

From India
Nilesh_karia007
Your gratuity amount is Rs. 60577.00. And if you are not attending your notice period after resignation , then company have to right to deduct you notice period days from your final settlement. But not from Gratuity payment.
From India, Kolkata
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