Opinions posted by ashish_ihm2008-yahoo-com, ashish banka, prashantha are not true and are not as per the provisions of law. Please ignore their posts.
From India, Pune
31From India, Pune
Gratuity is payable in case of death or permanent disability. You may also note that there is an insurance premium attached along with gratuity, whereby the nominee of the employee on death also receives Rs.3.5 lakh
Regards
From India, Mumbai
Regards
From India, Mumbai
eligiblity for payment of gratuity is completion of 5 years of sevice and the component to consider for the payment is basic salary+da and the formula will be monthly salary(basic+da)/26 * 15 .
thanks & regards,
from,
sumit kumar saxena,
9899669071, 0120-4131277
From India, Ghaziabad
thanks & regards,
from,
sumit kumar saxena,
9899669071, 0120-4131277
From India, Ghaziabad
As the continuous service was 1.5 years prior to death, as per rules he shall be entitled for gratuty as this becomes an exceptional case. Please see the gratuity payments rules by logging in to labour.nic.in
From India, Calcutta
From India, Calcutta
Dear Sir, In my organization, the employee was death within the period of 4 months only... than how do i calculate Gratuity to pay?? Please guide me on the same.. Regards, Vikram
From India, Ahmadabad
From India, Ahmadabad
Hi sir,
I am new entrant to HR. Could you please help me out the following query:
1. Our employee would like to buy a flat/Plot for which he need loan from PF.
2. Required form and other norms for getting the loan amount.
3. The percentage of loan we can avail from PF.
4. Necessary documents to be enclosed.
With Regards,
R.Subhasri.
From India, Madras
I am new entrant to HR. Could you please help me out the following query:
1. Our employee would like to buy a flat/Plot for which he need loan from PF.
2. Required form and other norms for getting the loan amount.
3. The percentage of loan we can avail from PF.
4. Necessary documents to be enclosed.
With Regards,
R.Subhasri.
From India, Madras
Dear John, You are absolutely right, i am 100% agreed with your explanation. Regards, Sharad Executive HR & Admin MNC
From India, Pune
From India, Pune
Dears,
If an employee leaves the organization after completing 1 year of service, and If the employer is willing to give Gratuity then it can be paid. Other wise it is as per the rule.
thanks
guru prasad k.
From India, Madras
If an employee leaves the organization after completing 1 year of service, and If the employer is willing to give Gratuity then it can be paid. Other wise it is as per the rule.
thanks
guru prasad k.
From India, Madras
Dear All,
Please go through below details.
When will you get gratuity payment?
Gratuity payment is a lump sum that your company will pay you as an acknowledgement of your loyalty to the company.*
Naturally, gratuity becomes payable only after you have spent a certain number of years with the company. You will receive this benefit either at the time of retirement or when you resign from employment.*
Let us take a look at how gratuity benefit is paid.
Conditions for receiving gratuity benefit:
There are two conditions that must be satisfied in order to be eligible to get the gratuity benefit:*
(i)*Your organisation has a minimum of 10 people on payroll, i.e., at least 10 employees receiving salaries from the organisation. Note that people on contract are not considered.*
(ii)*You have completed at least 5 years with the organisation. If an employee dies during the tenure of his employment, the 5-year rule is relaxed. So, even if such employee's period of service is as little as 1 year, he/she will be eligible to receiving gratuity if the first condition is met.
Tax treatment for gratuity :
The amount of gratuity received by a person is taxed as salary income under the head 'income from salaries' on the income tax return. If you are a government employee, the gratuity amount paid is completely tax free. For non-government employees too there are tax exemptions equal to the lower of:
• Amount of gratuity paid or
• For every completed year of employment - Rs 3.50L (This is the current limit. It may be increased to Rs 10L in the near future)
Note that this limit is a maximum exemption for all your years of service. It applies to all the amounts of gratuity you will receive in your entire career from all your employers.
So, if you receive gratuity three times in your life and you exhaust the above limit within the first two times you receive gratuity, then the third time you are paid gratuity, it will be completely taxed according to your current tax slab rates.
How increase in gratuity limit will impact you:
The government notified the Payment of Gratuity (Amendment) Act, 2010 on May 18, 2010, which increases the limit of gratuity payment to employees in the specified sectors/establishments covered under the Payment of Gratuity Act, 1972 (“Gratuity Act”).
After the amendment, these employees are eligible to receive gratuity up to Rs 10,00,000, which was earlier restricted to Rs 3,50,000. Thus, crores of workers will be benefited in establishments covered by the Gratuity Act.
Meaning of Gratuity:
Gratuity refers to the emoluments received by an employee from his employer in gratitude for the services rendered. Such sum can be paid on retirement, resignation, superannuation, death or disablement.
Under the Gratuity Act, the sum can be paid only after an employee has rendered continuous service of not less than five years. Exceptions being termination of employment on account of death/disablement.
Taxability of Gratuity:
From a tax perspective, gratuity received by an employee is taxable as salaries. The Income tax Act segregates the employees receiving gratuity on the following basis:
• Government employees;
• Non - Government employee covered under the Gratuity Act.
• Non - Government employee and not covered under the Gratuity Act.
Based, on the above segregation, necessary exemptions from tax can be claimed on the gratuity received.
Exemption available for employees covered under the Gratuity Act
In case of employees covered under the Gratuity Act, exemption is limited to the extent of minimum of the following:
i) Gratuity actually received
ii) 15 days salary for every completed year of service or part thereof (i.e. services in excess of 6 months will be treated as full year service)
iii) Rs 3,50,000 (the maximum limit as provided in the Gratuity Act)
The increase in limit to Rs 10,00,000 in the Gratuity Act (from the erstwhile Rs 3,50,000) in a way indicates that the tax exemption may also increase.
Regards,
Sharad.
From India, Pune
Please go through below details.
When will you get gratuity payment?
Gratuity payment is a lump sum that your company will pay you as an acknowledgement of your loyalty to the company.*
Naturally, gratuity becomes payable only after you have spent a certain number of years with the company. You will receive this benefit either at the time of retirement or when you resign from employment.*
Let us take a look at how gratuity benefit is paid.
Conditions for receiving gratuity benefit:
There are two conditions that must be satisfied in order to be eligible to get the gratuity benefit:*
(i)*Your organisation has a minimum of 10 people on payroll, i.e., at least 10 employees receiving salaries from the organisation. Note that people on contract are not considered.*
(ii)*You have completed at least 5 years with the organisation. If an employee dies during the tenure of his employment, the 5-year rule is relaxed. So, even if such employee's period of service is as little as 1 year, he/she will be eligible to receiving gratuity if the first condition is met.
Tax treatment for gratuity :
The amount of gratuity received by a person is taxed as salary income under the head 'income from salaries' on the income tax return. If you are a government employee, the gratuity amount paid is completely tax free. For non-government employees too there are tax exemptions equal to the lower of:
• Amount of gratuity paid or
• For every completed year of employment - Rs 3.50L (This is the current limit. It may be increased to Rs 10L in the near future)
Note that this limit is a maximum exemption for all your years of service. It applies to all the amounts of gratuity you will receive in your entire career from all your employers.
So, if you receive gratuity three times in your life and you exhaust the above limit within the first two times you receive gratuity, then the third time you are paid gratuity, it will be completely taxed according to your current tax slab rates.
How increase in gratuity limit will impact you:
The government notified the Payment of Gratuity (Amendment) Act, 2010 on May 18, 2010, which increases the limit of gratuity payment to employees in the specified sectors/establishments covered under the Payment of Gratuity Act, 1972 (“Gratuity Act”).
After the amendment, these employees are eligible to receive gratuity up to Rs 10,00,000, which was earlier restricted to Rs 3,50,000. Thus, crores of workers will be benefited in establishments covered by the Gratuity Act.
Meaning of Gratuity:
Gratuity refers to the emoluments received by an employee from his employer in gratitude for the services rendered. Such sum can be paid on retirement, resignation, superannuation, death or disablement.
Under the Gratuity Act, the sum can be paid only after an employee has rendered continuous service of not less than five years. Exceptions being termination of employment on account of death/disablement.
Taxability of Gratuity:
From a tax perspective, gratuity received by an employee is taxable as salaries. The Income tax Act segregates the employees receiving gratuity on the following basis:
• Government employees;
• Non - Government employee covered under the Gratuity Act.
• Non - Government employee and not covered under the Gratuity Act.
Based, on the above segregation, necessary exemptions from tax can be claimed on the gratuity received.
Exemption available for employees covered under the Gratuity Act
In case of employees covered under the Gratuity Act, exemption is limited to the extent of minimum of the following:
i) Gratuity actually received
ii) 15 days salary for every completed year of service or part thereof (i.e. services in excess of 6 months will be treated as full year service)
iii) Rs 3,50,000 (the maximum limit as provided in the Gratuity Act)
The increase in limit to Rs 10,00,000 in the Gratuity Act (from the erstwhile Rs 3,50,000) in a way indicates that the tax exemption may also increase.
Regards,
Sharad.
From India, Pune
Gratuity is applicable when 5 years complete
but in case of employee death gratuity is payble upto retirement. Gratuity calculation is mention below.
Suppose Employee Age is 26 and basic salary is 8000/-
= 58 - employee age
= 58-26 = 32
gratuity = basic salary x lenth of service x 15/26
= 8000 x 32 x 15/26 = 147692.00
Gratuity is Payable of Rs. 147692.00
From India, New Delhi
but in case of employee death gratuity is payble upto retirement. Gratuity calculation is mention below.
Suppose Employee Age is 26 and basic salary is 8000/-
= 58 - employee age
= 58-26 = 32
gratuity = basic salary x lenth of service x 15/26
= 8000 x 32 x 15/26 = 147692.00
Gratuity is Payable of Rs. 147692.00
From India, New Delhi
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