dear seniors,
I have a question which you can solve it. My question is One of the staff has left the company and rejoined. as per the law we submitted Form 5 and 10 for PF office and got the new PF Number. Now my question is his gratuity amount has to be cleared. He joined in year 2005 but we have enrolled under the PF act on 01/02/2006. hence, I want to know i need to calculate his gratuity from 2005 or from Commencement of PF date?
i am waiting for your quick response,
with regards!
From India, Bangalore
4I have a question which you can solve it. My question is One of the staff has left the company and rejoined. as per the law we submitted Form 5 and 10 for PF office and got the new PF Number. Now my question is his gratuity amount has to be cleared. He joined in year 2005 but we have enrolled under the PF act on 01/02/2006. hence, I want to know i need to calculate his gratuity from 2005 or from Commencement of PF date?
i am waiting for your quick response,
with regards!
From India, Bangalore
Dear Joseph Please do not mingle PF and Gratuity. Gratuity is purly depend upon the company policy. u have to consider the last date of Joining for gratuity. Regards Alphonse 9443625359
From India, Madras
From India, Madras
Dear Joseph,
PF and Gratuty is totally different matter..It is sole discreation of the company which date of joining does the company consider for him..If company wants to continue his previous date of joining then gratuity will be calculated from that date irrespective of commencement of PF Act..
Regards,
Divya
From India, Bangalore
PF and Gratuty is totally different matter..It is sole discreation of the company which date of joining does the company consider for him..If company wants to continue his previous date of joining then gratuity will be calculated from that date irrespective of commencement of PF Act..
Regards,
Divya
From India, Bangalore
It can not be discretion of the employer but as required by law. That means, if his actual date of joining is 2005, he will be eligible to get gratuity from that date and not from the date on which he became a member of EPF.
While allotting a new PF number there is a problem. If he has not withdrawn his old PF accumulations, you will have to transfer the same. The practical side of transferring from company X to company X (same company) is to be looked into. Otherwise, you could have allotted the same (old) PF number and shown the period during which he was not in service as 'non contributory' service period. For this it will be better if you personally meet the Accounts Officer of the EPFO.
Regards,
Madhu.T.K
From India, Kannur
While allotting a new PF number there is a problem. If he has not withdrawn his old PF accumulations, you will have to transfer the same. The practical side of transferring from company X to company X (same company) is to be looked into. Otherwise, you could have allotted the same (old) PF number and shown the period during which he was not in service as 'non contributory' service period. For this it will be better if you personally meet the Accounts Officer of the EPFO.
Regards,
Madhu.T.K
From India, Kannur
Dear Prashanth Joseph,
Please answer these points. (For gratuity Act)
His First Date of Joining-
His date of reliving-
His Second (rejoining) Date of Joining-
His Second date of reliving
Then only we can analysis his gratuity eligibility.
As per as EPF is concerned you can follow Mr. Madhu's Points, provided his non contributory period is less.
If it is spread over two Contributory Years then withdrawal of the first PF accumulations is advisable.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
Please answer these points. (For gratuity Act)
His First Date of Joining-
His date of reliving-
His Second (rejoining) Date of Joining-
His Second date of reliving
Then only we can analysis his gratuity eligibility.
As per as EPF is concerned you can follow Mr. Madhu's Points, provided his non contributory period is less.
If it is spread over two Contributory Years then withdrawal of the first PF accumulations is advisable.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
Dear prasanth,
Gratuity and PF is totally different matter. as per Gratuty act, mini. 5 yrs.of unobstructed services is required for the obtained the benefit of gratuity,
calculation formula =(monthly salary*26)/15 days*no. of yrs. of services
regards,
Bashir
From India, Pune
Gratuity and PF is totally different matter. as per Gratuty act, mini. 5 yrs.of unobstructed services is required for the obtained the benefit of gratuity,
calculation formula =(monthly salary*26)/15 days*no. of yrs. of services
regards,
Bashir
From India, Pune
I guess its not monthy salary but your basic monthy salary at the time of seperation.
So this is how the calculation goes:-
Gratuity Amount= Basic monthly salary at the time of seperation *26/15*no. of years.
Note:-
You can apply for Gratuity only after you quit the organisation and now to qualify for gratuity your minimum tenure has to be 4years and 320days
Hope this helps
Regards
Baharul
So this is how the calculation goes:-
Gratuity Amount= Basic monthly salary at the time of seperation *26/15*no. of years.
Note:-
You can apply for Gratuity only after you quit the organisation and now to qualify for gratuity your minimum tenure has to be 4years and 320days
Hope this helps
Regards
Baharul
Dear prasanth,
Gratuity and PF are different.
You are written that an employee joined in the year 2005, hence it crossed
5 years ( once he left the company and joined back means know he is like a new employee) but he will get his gratuity for appx.7 years of working
formula =(last drawn monthly salary*26)/15 days*no. of yrs. of services
( round off of the months exceeding 240 days in the final years.
ex: he worked for 6 years and 9 months (above 240 days) then take
for gratuity calculation as 7 years.
with regards,
Madhava murthy
From India, Bangalore
Gratuity and PF are different.
You are written that an employee joined in the year 2005, hence it crossed
5 years ( once he left the company and joined back means know he is like a new employee) but he will get his gratuity for appx.7 years of working
formula =(last drawn monthly salary*26)/15 days*no. of yrs. of services
( round off of the months exceeding 240 days in the final years.
ex: he worked for 6 years and 9 months (above 240 days) then take
for gratuity calculation as 7 years.
with regards,
Madhava murthy
From India, Bangalore
The Employees' Provident Funds and Misc. Provisions Act, 1952 and Payment of Gratuity Act, 1972 are two independent statutes.
Entitlement for Gratuity is calculated from the actual date of joining of the employee, provided he/she fulfills the eligibility criteria as laid down in the said Act.
Best Wishes,
Vasant Nair
From India, Mumbai
Entitlement for Gratuity is calculated from the actual date of joining of the employee, provided he/she fulfills the eligibility criteria as laid down in the said Act.
Best Wishes,
Vasant Nair
From India, Mumbai
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