31- Mr. Sarathraja, payment of gratuity is governed by provisions of Payment of Gratuity Act and relevant case law. Whatever Mr. PS Dhingra has mentioned in his post is factually and legally correct.
- You seem to be referring to some other act and some other provisions which are not relevant to payment of gratuity. Kindly confirm which act you are referring ? and to which provisions and sections ?
From India, Pune
Thanks to Seniors,
Now a days no one is giving correct information. To give a better clarity to the guy posted his query I have replied, had a nice discussion with you people, now this guy has got complete information.
Request you all please please do reply to queries which were posted by juniors.
From India, Hyderabad
Now a days no one is giving correct information. To give a better clarity to the guy posted his query I have replied, had a nice discussion with you people, now this guy has got complete information.
Request you all please please do reply to queries which were posted by juniors.
From India, Hyderabad
Hi all,
I am fully agreed with Mr. N V Rao, that you can not terminated an employee with out giving him charge sheet and holding the domestic inquiry.If you retrench or dismiss his service you have to pay gratuity@ 15/26 of his basic salary of every completion year,beside 15 days retrenchment compensation for every year.
regards,
S S Rawat.
From India, Jhajjar
I am fully agreed with Mr. N V Rao, that you can not terminated an employee with out giving him charge sheet and holding the domestic inquiry.If you retrench or dismiss his service you have to pay gratuity@ 15/26 of his basic salary of every completion year,beside 15 days retrenchment compensation for every year.
regards,
S S Rawat.
From India, Jhajjar
Dear Krishnasarathraj
So far I know 4.81 % is for account/fainance department as they have to make for the provisosns of pay ment of gratuity to the eleigible employees.
Gratuity ,being the valuable right ,is not bounty and cannot be counenanced for non-vacation of quarter by the employee, MA Shrirahatti v/s N.G.E.F. Limited, Bangalore.
2003 LLR 772 (Karn.HC)
Gratuity being statutory right payable after serving an employer for a long period cannot be taken away by an agreement between the parties which cannot be reduced but could be enhanced . YR Shenoy v/s Syndicate Bank , 2003 LLR 615 (sn)(Karn HC)
PAYMENT OF GRATUITY :Sec.4 sub-sec 2:-provides for every completed year of service or part thereof in excess of six months , the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned
Sec.4(3) provides for maximum of Rs. Ten Lakh
Sec.4(5) further states that noyhing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer
RL Dhingra Advocate,
Labour Law Consultant,Delhi
9818309937 E mail
From India, Delhi
So far I know 4.81 % is for account/fainance department as they have to make for the provisosns of pay ment of gratuity to the eleigible employees.
Gratuity ,being the valuable right ,is not bounty and cannot be counenanced for non-vacation of quarter by the employee, MA Shrirahatti v/s N.G.E.F. Limited, Bangalore.
2003 LLR 772 (Karn.HC)
Gratuity being statutory right payable after serving an employer for a long period cannot be taken away by an agreement between the parties which cannot be reduced but could be enhanced . YR Shenoy v/s Syndicate Bank , 2003 LLR 615 (sn)(Karn HC)
PAYMENT OF GRATUITY :Sec.4 sub-sec 2:-provides for every completed year of service or part thereof in excess of six months , the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned
Sec.4(3) provides for maximum of Rs. Ten Lakh
Sec.4(5) further states that noyhing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer
RL Dhingra Advocate,
Labour Law Consultant,Delhi
9818309937 E mail
From India, Delhi
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