Question On Gratuity

Please correct the maximum gratuity payable under the Payment of Gratuity act is not Rs 350000 but it is Rs 10 lakhs.
Regards,
Madhu.T.K

Hi,
1.If a person aged 60 years who’s getting retired and is working with the company for the past 1 .5 years -what would be the liabilities of the company towards the employee or what would be the employee benefits to be paid in this case- do we need to pay gratuity?
Anticiapting quick response.

For deciding whether or not an employee is eligible for gratuity UNDER PAYMENT OF GRATUITY ACT, the age of the employee is not the determining factor but the length of his service is the determining factor. Therefore, if an employee is leaving the company after 1.5 years of service he is not required to be paid any gratuity though he is aged 60 or plus.
Regards,
Madhu.T.K

Dear all,
Would like to supplement as follows:-
Ceiling of Gratuity raised from 3.5 lacs to 10 lacs.
Payment upto 10 lacs is a tax-free payment. But anything beyond this limit is taxable
as employer can pay more than 10 lacs as Gratuity payment.
Thanking you.
R K Nair

Hi,
I was working with a bank and left the Job by serving Notice period of 12 days instead of 3 months. The FNF sent by my company states that i need to pay some amount. The calculation was perfect but was calculated on the basis of Gross income. Please correct me if i am wrong because as per my knowledge the calculation is done basis the basic salary.
second thing the bank credited the full amount of gratuity in my account and then the bank debited my account for the recovery amount from my bank account without my permission. Can the bank debit my account directly with my consent.

Salary for the purpose of calculation of notice pay payable by either party need not necessarily be the basic salary alone but it shall include all other fixed components which are paid if the employee is on duty or on leave. That means if there is a component which is paid purely based on attendance then that can be excluded. Similarly, reimbursements may be excluded.
The bank is in error by collecting the notice pay from your gratuity amount because gratuity amount is free from any lien and the employer is not in a position to adjust any amount payable by the employee from the gratuity amount. This act of the bank management can be challenged.
Madhu.T.K

Sirs,
Myself is Shailesh Vaishnav from Ahmedabad. I had joined a company on 15.07.2011 and left on 15.06.2016. My question is whether I am entitled to get gratuity? There are various discussions going on so I have given exact dates of my service period so based on which can anybody guide me?
Thanks.
Shailesh Vaishnav

Hello sir,
I have worked in one engineering college for 5.8 years. and i was for 3.8 years on fixed salary and 2 years on payroll(6th pay scale).Can i eligible for the gratuity?? if yes then how much amount i can get from the employer??
i had resigned and relived on October 2015. so when i can apply for it.
my last month salary BASIC 22250 DA 105% grade pay 6000. gross 48800.