Dear Sir,
I am working in HR in the engineering company. I have following problem to Gratuity calculation.
Year working days gratuity years
2001 255 1
2002 245 2
2003 250 3
2004 242 4
2005 245 5
2006 250 6
2007 105 7
2008 15 8
2009 235 9
2010 220 10
2011 202 11
2012 245 12
2013 242 13
How many year want to calculate 8 or 13 I am confuse. Please help me
regards
avadhut
From India, Pune
1I am working in HR in the engineering company. I have following problem to Gratuity calculation.
Year working days gratuity years
2001 255 1
2002 245 2
2003 250 3
2004 242 4
2005 245 5
2006 250 6
2007 105 7
2008 15 8
2009 235 9
2010 220 10
2011 202 11
2012 245 12
2013 242 13
How many year want to calculate 8 or 13 I am confuse. Please help me
regards
avadhut
From India, Pune
Why there is a confusion it should be 13 years, how come you derived at 8 years ??.
I hope that you have deducted 5 years from the total 13 years of service, if so then it is wrong. 5 years of continuous service is only for eligibility, those who completes 5 year are only eligible but once the employee completes 5 years then he is entitled for gratuity and the calculation will be 5 years.
In a nutshell it should be calculated from the start of his/her service to the last of his/her employment.
From India, Ahmadabad
I hope that you have deducted 5 years from the total 13 years of service, if so then it is wrong. 5 years of continuous service is only for eligibility, those who completes 5 year are only eligible but once the employee completes 5 years then he is entitled for gratuity and the calculation will be 5 years.
In a nutshell it should be calculated from the start of his/her service to the last of his/her employment.
From India, Ahmadabad
Hi
Year means not working 365 days. For every year of service completed it should be considered as a year of service and definition of continuousservice includes all approved leaves holidays and week offs.
Only for the last year of service if an employee has completed 240 days continuous service including week off approved leave and holidays, it should be considered as 1 year. So you should pay gratuity for 13 years.
For details please Human Resources, Business, Management and career questions blog.: Question and answer about gratuity- for employee as well as employer
From India, Mumbai
Year means not working 365 days. For every year of service completed it should be considered as a year of service and definition of continuousservice includes all approved leaves holidays and week offs.
Only for the last year of service if an employee has completed 240 days continuous service including week off approved leave and holidays, it should be considered as 1 year. So you should pay gratuity for 13 years.
For details please Human Resources, Business, Management and career questions blog.: Question and answer about gratuity- for employee as well as employer
From India, Mumbai
If an employee in a particular year has no continuous service as defined u/s2A he is not entitled for gratuity for that year. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
For the purpose of eligibility for gratuity,in the preceding year,i.e. twelve months,of the year for which calculation is being made,he should have 240 days of working days; In 2013, you have 242 days of working days.Hence, calculation will be made for 13 years.
From India, Bokaro
From India, Bokaro
If you had issued an order treating the absence as break in service as per cl (1) of sec 2A of the Act and the employee is not having 240 days of working in any year ,after considering all the allowed contingencies you need not pay gratuity for that year.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Dear avadhut,
Before giving any reply to your query, it is important to know the reasons for the shortfall your service during the years 2007, 2008, 2009, 2010, 2011 and 2013. The 'Continuous Service' has two parts of it as defined in Section 2A of the PG Act,1972.We need to know whether the shortfall of service during the years mentioned ibid has been interrupted on account of sickness,accident,leave,absence from duty without leave and whether any order has been passed treating your absence as break in service in accordance any norms fixed by the company.In my opinion,if you have not rendered continuous service due to your fault, you will not be entitled for payment of gratuity the years mentioned in the preceding para.
I invite reaction to my views from my seniors.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Before giving any reply to your query, it is important to know the reasons for the shortfall your service during the years 2007, 2008, 2009, 2010, 2011 and 2013. The 'Continuous Service' has two parts of it as defined in Section 2A of the PG Act,1972.We need to know whether the shortfall of service during the years mentioned ibid has been interrupted on account of sickness,accident,leave,absence from duty without leave and whether any order has been passed treating your absence as break in service in accordance any norms fixed by the company.In my opinion,if you have not rendered continuous service due to your fault, you will not be entitled for payment of gratuity the years mentioned in the preceding para.
I invite reaction to my views from my seniors.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Hi
i was working in a small it firm the employer deducted pf from my a/c but we were never told about the pf no and we asked he did the formalities after 4 months.now i quitted working there.i just wana know is there any way to find that i am having a pf account or not.
From India, Pune
i was working in a small it firm the employer deducted pf from my a/c but we were never told about the pf no and we asked he did the formalities after 4 months.now i quitted working there.i just wana know is there any way to find that i am having a pf account or not.
From India, Pune
You can sent an application under RTI Act to the PIO of your EPFC office ,quoting the Employers code no/ name amd giving the details for information you need . Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Gratuity calculation.doc
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf