The component of gratuity should be calculated from the date of joining or the date of confirmation. From when does the liability of the company to pay an employee become mandatory? What if the employee leaves before that period?
Please let me know if you need further clarification or assistance.
From India, Mumbai
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Please let me know if you need further clarification or assistance.
From India, Mumbai
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Gratuity is payable to employees who have completed 5 years of continuous service. Gratuity is payable from the date of joining, i.e., the date of probation (training, contract, retainership basis are not considered). This should be mentioned in the HR Policy of the company and the appointment letter issued to the employee. Gratuity is calculated as = Last drawn (Basic+DA) x 15/26 x No. of years of continuous completed service. It can be a component in CTC. If an employee leaves before 5 years, gratuity is not payable. Gratuity up to Rs. 3.50 lacs is not taxable. LIC has a good Group Gratuity Scheme. Payment of gratuity is a statutory requirement. See attachment.
Thanks Regards Pari.
From India, Mumbai
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19Thanks Regards Pari.
From India, Mumbai
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Thank you very much, Pari. But a small confusion still remains. If the company policy dictates the payment of gratuity from the Date of Joining, then what happens if the company decides to initiate gratuity calculation from the Confirmation date instead? Is it mandatory to calculate gratuity from the date of joining? Under which clause?
From India, Mumbai
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From India, Mumbai
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Hello Can anyone tell me whether the criteria to claim gratuity is strictly 5 completed years or one can claim even if the service rendered is 4 years and 11 months. Please reply.
From India, Bangalore
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From India, Bangalore
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Gratuity payable under the Gratuity Act. Calculation of years begins from the date of joining. It is compulsory to pay gratuity (social welfare) at the time of leaving the job or retirement. The basic criterion is the completion of 5 years.
From India, Ahmadabad
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From India, Ahmadabad
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Hi I have just got a latest update that if a person has completed 4 years and 9 months, he is eligible for Gratuity. Any feedback?
From India, Bangalore
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From India, Bangalore
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Dear Pari,
Thank you for the good information. As you mentioned, gratuity is payable from the date of joining. It should also be included in the HR policy by the company.
My query is: Is it not mandatory for the company as per the Gratuity Act?
Please reply.
Regards,
Ganesh Nautiyal
From India, Gurgaon
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Thank you for the good information. As you mentioned, gratuity is payable from the date of joining. It should also be included in the HR policy by the company.
My query is: Is it not mandatory for the company as per the Gratuity Act?
Please reply.
Regards,
Ganesh Nautiyal
From India, Gurgaon
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Hi all,
Gratuity is also paid to employees who have not completed 5 years' tenure with the organization. For example, in the banking sector, ICICI Bank follows the norm of paying it after 5 years. However, if you compare it with Reliance, they will calculate it from the day you became part of the organization until your last day, and the same amount will be reimbursed to you with the F&F amount. Please update me in case there are any updates on the same.
Regards,
Tina Vij
From India, Mumbai
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Gratuity is also paid to employees who have not completed 5 years' tenure with the organization. For example, in the banking sector, ICICI Bank follows the norm of paying it after 5 years. However, if you compare it with Reliance, they will calculate it from the day you became part of the organization until your last day, and the same amount will be reimbursed to you with the F&F amount. Please update me in case there are any updates on the same.
Regards,
Tina Vij
From India, Mumbai
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HELLO As per Gratuity Act 1972 . MORE THAN SIX MONTHS TREATED AS I YEAR SO U CAN CLAIM THE AMOUNT . VIJAY HUAMN RESOURCFES OFFICER
From India, Mumbai
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From India, Mumbai
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Yes eligibility for payment of Gratuity at 4.10yrs. as well same for the PF. means if empoyee has competed 9.10 yrs. then he/she falls under Pension Fund scheme. Gratuity is payable indeed.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Friends,
Yes, gratuity should be taken into consideration from day one. According to me, if an employee has completed 4 years and 240 days, then he/she will be eligible for gratuity.
Friends, please correct me if I am wrong...
Regards,
Amith R.
From India, Bangalore
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Yes, gratuity should be taken into consideration from day one. According to me, if an employee has completed 4 years and 240 days, then he/she will be eligible for gratuity.
Friends, please correct me if I am wrong...
Regards,
Amith R.
From India, Bangalore
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Hello Can anyone tell me whether the death case. employee is worked in three month so his famaily is claim of gratuity Please reply. kumer singh
From India, Delhi
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From India, Delhi
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I think there is a lot of discussion on the Gratuity, and the latest information I have heard is the same as what Mr. Amith R. has said. I have heard that for this update, there is a Case Law as well, but I am unable to find it to date. Until I have the same information, I can't comment on it. However, as per the Gratuity Act, it is still applicable only after completing a full 5 years of service with the organization.
In the case of an employee's death, this condition does not apply. The employer is required to provide the Gratuity to the nominee of the deceased employee, even if their service falls short of 5 years.
From India, Delhi
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In the case of an employee's death, this condition does not apply. The employer is required to provide the Gratuity to the nominee of the deceased employee, even if their service falls short of 5 years.
From India, Delhi
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Gratuity is a part of CTC (depends on the organization how it is calculated). Gratuity should be calculated when the employee joins the organization (Date of Joining should be considered), and the maturity period in order to claim Gratuity is 5 years.
For example: If the employee stays with the organization for 4 years and 6 months, he is eligible for claiming Gratuity. If the employee stays for 4 years and 5 months, he isn't eligible.
Hope this helps.
From India, Bengaluru
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For example: If the employee stays with the organization for 4 years and 6 months, he is eligible for claiming Gratuity. If the employee stays for 4 years and 5 months, he isn't eligible.
Hope this helps.
From India, Bengaluru
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Hi,
Is payment of gratuity mandatory for the employer? If yes, then under which section of the Payment of Gratuity Act? What are the conditions (such as the number of employees) under which it is mandatory for the employer to pay gratuity? If an employer decides not to pay gratuity or delays gratuity payment, what is the penalty for him?
From India, Mumbai
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Is payment of gratuity mandatory for the employer? If yes, then under which section of the Payment of Gratuity Act? What are the conditions (such as the number of employees) under which it is mandatory for the employer to pay gratuity? If an employer decides not to pay gratuity or delays gratuity payment, what is the penalty for him?
From India, Mumbai
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Dear Seniors,
Kindly advise, I am working in a private company where there are no components like basic salary, Dearness Allowance (DA), or House Rent Allowance (HRA). The salary is consolidated.
I would appreciate your help in calculating the gratuity amount after completing 5 years of service.
Thank you.
From India, Chennai
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Kindly advise, I am working in a private company where there are no components like basic salary, Dearness Allowance (DA), or House Rent Allowance (HRA). The salary is consolidated.
I would appreciate your help in calculating the gratuity amount after completing 5 years of service.
Thank you.
From India, Chennai
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Hello, can anybody suggest if an organization is 25 years old and it started the Gratuity scheme just one year back (2016), is the employee who has been working for the last 10 years entitled to claim for the gratuity today? Or do they have to wait for five years from the date the gratuity scheme started in the organization?
From India , Jaipur
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From India , Jaipur
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Pari sir,
You mentioned that gratuity is not required to be paid for the probation and training period. However, our worker is claiming for the training period as well. I expect clarification on this, including relevant laws or cases if possible.
Thanks,
Udaya
From India, Bengaluru
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You mentioned that gratuity is not required to be paid for the probation and training period. However, our worker is claiming for the training period as well. I expect clarification on this, including relevant laws or cases if possible.
Thanks,
Udaya
From India, Bengaluru
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