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Hi all,

Warm wishes and I hope everyone is doing well.

I have a confusion regarding the gratuity payout for someone who leaves an employer after 6 years. Suppose Rs. "GD" is the amount deducted annually at 4.81% per year. So with no increment, the total gratuity deduction will be Rs. "6xGD".

After 6 years, he left the company, and the gratuity calculated as per the act will be = Rs. (Last month's salary drawn/26 x 15 x 6 (years)).

Now, my question is, does the total gratuity payout include the total deduction done in 6 years, i.e., 6xGD, or will it be added to the total payout calculated?

Kindly help me with this.

From India, Bhubaneswar
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Aks17
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Hi,

No matter what your internal document shows regarding the Gratuity, the amount payable as per the Act will not be disturbed under any circumstances unless, of course, the employer wants to pay an amount higher than stipulated.

Your second point: the last drawn salary per month [Basic+DA]/26 x 15 x number of years completed shall remain as the amount payable in the above case. Gratuity is not supposed to be deducted from the employee's salary at all.

Thanks and Regards

From India, Hyderabad
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The Law as to payment of gratuity does not provide for the authorise the employer to make any deduction from the pay of the employee against the payment of gratuity as and when due.
From India, Kochi
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For the sake of CTC, some firms show Gratuity Contribution as part of it, and it is between the company and employee. The Gratuity Act and Rule have nothing to do with that. However, as far as payment upon retirement or exit, the firm shall follow rules and cannot pay less than what is stipulated as per law.

You may refer to the act and rules at https://www.stacowiki.in/en/acts/st-...tuity-act1972/

From India, Bangalore
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