363
Hi Jenny
in normal case the minimum employees required are 10. but if you are convered under Companies Act 1956, then you go for gratuity even if it is 1 employee.
Gratuity should be calculated as - Basic/26*15* no.of yrs. Also if it is 5yrs & 6 months then you have to calculated for 6 years
Regds
Pradeepan
From India, Raipur
in normal case the minimum employees required are 10. but if you are convered under Companies Act 1956, then you go for gratuity even if it is 1 employee.
Gratuity should be calculated as - Basic/26*15* no.of yrs. Also if it is 5yrs & 6 months then you have to calculated for 6 years
Regds
Pradeepan
From India, Raipur
To
Deepakbsabharwal
Ur answer regarding grtuity liability of the PE, if contractor fails to meet up d same, not so impressive & reasonble. Pls go through the preamble of the Contract Labour Act where PE only liable under the heads of welfare, payment(wage only) and health. Gratuity is linked with gratutious payment and only PF & ESI will be attaractable under the head of Welfare in case of liablity comes to the picture.
From India
Deepakbsabharwal
Ur answer regarding grtuity liability of the PE, if contractor fails to meet up d same, not so impressive & reasonble. Pls go through the preamble of the Contract Labour Act where PE only liable under the heads of welfare, payment(wage only) and health. Gratuity is linked with gratutious payment and only PF & ESI will be attaractable under the head of Welfare in case of liablity comes to the picture.
From India
as per Gratuity Act, the person is entitled for the gratuity if he has completed 5 years of services from date of joining. it does not matter whether is on contract basis. if he is working in the organisation without the break,he can claim his payable gratuity. and he has a right to ask for it.
though company is paying gratuiity from their fund, but looking at the clauses mentioned in the ACT, the company is bind to pay the amount.
From India, Mumbai
though company is paying gratuiity from their fund, but looking at the clauses mentioned in the ACT, the company is bind to pay the amount.
From India, Mumbai
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.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc