Gratuity:

Gratuity Act is applicable as we are covered under Shop and Establishment Act, Delhi. We were not making the provision for gratuity as required in previous years.
In current year we want to make provision for gratuity.
  • Can we make the provision for gratuity for all the employees completed 5yrs of service in current year?
  • Can we make provisions for gratuity for all the employees irrespective of his tenure of service in current year?
  • How the Gratuity Fund is managed?
  • Whether Insurance is mandatory for gratuity fund.?
  • Can we pay the gratuity to whom that has not completed five yrs of service but gratuity part has been deducted from his salary?
  • If we show the gratuity as part of salary how we manage and do accounting.
  • 7. What amount and percentage we can show as gratuity in the CTC of the employees.
With Regards

M Shekhar

From India, New Delhi
Dear M Shekhar,
Point-wise comments are made hereunder:
  • Can we make the provision for gratuity for all the employees completed 5yrs of service in current year?
  • Can we make provisions for gratuity for all the employees irrespective of his tenure of service in current year?
  • How the Gratuity Fund is managed?
According to the Payment of Gratuity Act, 1972 it is up to you whether you make any provisions for gratuity or not in your establishment. The Act does not force you to make any provision or any Gratuity fund. You are to make the payment of gratuity to the eligible employee as & when it is due to be paid.
  • Whether Insurance is mandatory for gratuity fund?
Not mandatory.
  • Can we pay the gratuity to whom that has not completed five yrs of service but gratuity part has been deducted from his salary?
Gratuity is not deductible from the salary of an employee. It is to be given by the employer.
  • If we show the gratuity as part of salary how we manage and do accounting.
It can not be stated to be part of salary.
  • 7. What amount and percentage we can show as gratuity in the CTC of the employees.
When it is to be paid on completion of continuous service of five years then how we can show before this period as CTC.
Regards,

R.N.Khola


(Labour Law & Legal Consultants)
09810405361

From India, Delhi
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