Dear Vikram, Greetings for the day, 500 employees for having ambulance facility in a factory. sumit kumar saxena, 9899669071, 0120-4131277
From India, Ghaziabad
252From India, Ghaziabad
Dear Yash,
Greetings for the day,
Earned leave will be calculated on working days ie by 26 when month is of 30 or 31 days and also by 24 when month is of 28 or 29 days.
thanks & regards,
from,
sumit kumar saxena,
9899669071, 0120-4131277
From India, Ghaziabad
Greetings for the day,
Earned leave will be calculated on working days ie by 26 when month is of 30 or 31 days and also by 24 when month is of 28 or 29 days.
thanks & regards,
from,
sumit kumar saxena,
9899669071, 0120-4131277
From India, Ghaziabad
formula for calculation of gratuity will be : last drawn salary (basic+da)* year of service* 15 / 26, thanks & regards, from, sumit kumar saxena, 9899669071, 0120-4131277
From India, Ghaziabad
From India, Ghaziabad
Dear Dileep,
Any Act including Payment of Gratuity Act is meant for employees working in an establishment. These Acts do not have any thing to do with how the management of the establishment is constituted like Private Limited Company, Public Limited Company, Partnership or Proprietory kind of management. Therefore, all the provisions of the Payment of Gratuity Act are applicable to an establishment run by a sole proprietor.
Regards,
Madhu.T.K
From India, Kannur
Any Act including Payment of Gratuity Act is meant for employees working in an establishment. These Acts do not have any thing to do with how the management of the establishment is constituted like Private Limited Company, Public Limited Company, Partnership or Proprietory kind of management. Therefore, all the provisions of the Payment of Gratuity Act are applicable to an establishment run by a sole proprietor.
Regards,
Madhu.T.K
From India, Kannur
Employee has to complete 4 years and 240 day in 5th year.
OR
240 X 5 Days (Excluding LWP Days)
The Calculation Rules are
5 years (Gratuity per year) : (50 % of Last drawn Basic + DA) / 26
6 - 15 years (Gratuity Per year) : (75 % of Last Drawn Basic + DA) / 26
> 15 years : (100 % of Last Drawn Basic + DA) / 26
OR
240 X 5 Days (Excluding LWP Days)
The Calculation Rules are
5 years (Gratuity per year) : (50 % of Last drawn Basic + DA) / 26
6 - 15 years (Gratuity Per year) : (75 % of Last Drawn Basic + DA) / 26
> 15 years : (100 % of Last Drawn Basic + DA) / 26
Dear Plz let us know which of the Gratuity Act & Rules allows such type of benefits for the information of the Cite HR members.
From India, Delhi
From India, Delhi
vbagderi's calculation of gratuity is wrong. I thing there may be some formula being practiced in his establishment and the poor employees have been accepting it as such. As per his method of calculation the maximum gratuity will be one day salary!
The method of calculation already posted, ie, last drawn salary divided by 26, multiplied by 15 and then multiplied by the number of years of service, will stand.
Regards,
Madhu.T.K
From India, Kannur
The method of calculation already posted, ie, last drawn salary divided by 26, multiplied by 15 and then multiplied by the number of years of service, will stand.
Regards,
Madhu.T.K
From India, Kannur
The question is whether an employee whose services are terminated by the employer before completing 5 years is entitled to receive/ claim gratuity. The word "Termination" and the circumstances warrenting such a "Termination" is important. As per the Gratuity Act, 1972 (Section 4 (6)) the gatutity payable to an employee may wholly or partially forfeited for two reasons : if the employee has been terminated for (i) riotous or disorderly codnuct or act of violnece on his part; or (ii) on ground sof moral tupitude during the course of employment.
In the normal case, prior to termination of services, if the employer has gone through the prescribed processes of termination, an the misconduct is proved to be one of the above two grounds, then the employer is well within his right to forfeit Gratuity and not pay it.
This condition is applicable even for those who have put in more than 5 years of service or even say 30 years of service!
However, for those who are terminated well before a person technically qualifies for gratuity by putting in 4 years of service plus 240 days in the fifth year, the claim has to be made only through due process of law, establishing that the termination was due to malafide intention, not attributable to any of the above two grounds for termination and that the termination was done with an ulterior motive of evading payment of Gratuity. However may I caution that this is a long drawn process for both the affected employee and the Company. It would be wise to avoid such situation on both sides.
EIRVALSA
From India, Madras
In the normal case, prior to termination of services, if the employer has gone through the prescribed processes of termination, an the misconduct is proved to be one of the above two grounds, then the employer is well within his right to forfeit Gratuity and not pay it.
This condition is applicable even for those who have put in more than 5 years of service or even say 30 years of service!
However, for those who are terminated well before a person technically qualifies for gratuity by putting in 4 years of service plus 240 days in the fifth year, the claim has to be made only through due process of law, establishing that the termination was due to malafide intention, not attributable to any of the above two grounds for termination and that the termination was done with an ulterior motive of evading payment of Gratuity. However may I caution that this is a long drawn process for both the affected employee and the Company. It would be wise to avoid such situation on both sides.
EIRVALSA
From India, Madras
Rather to creat confusion it is well understood to all that payment of gratuity is only possible after completion of 5 years of service, as far as above employee is concern he is only completed 4 year of service and then terminated. As far as his compensation is concern go through the industrial dispute act of 1947 then only we can see that componsation includes gratuity or not.
thanks & regards,
from,
sumit kumar saxena
From India, Ghaziabad
thanks & regards,
from,
sumit kumar saxena
From India, Ghaziabad
Accoriding the factories act,1948, 250 workers are necessery to have a ambulance and if more than 500 workers, the principle employer shall constitude a ambulance room. if u have further doubts regarding the act pl go through the factories act, 1948 in helth mesures sections from 11 to 20 and welfare mesures sec 42 to 49 of the above act..
WITH BEST WISHES
SRINU DARA, HR, SEIL,
09966003365.
From India, Visakhapatnam
WITH BEST WISHES
SRINU DARA, HR, SEIL,
09966003365.
From India, Visakhapatnam
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.
Mettur Beardsell Ltd Vs RLC (Cent) & otrs 1998 LLR 1072 about Gratuity Entitlement.pdf
Gratuity Form I.doc