Doubt regarding graduity calculated by my company
sandy
(Querist) 14 April 2016
This query is : Resolved
Hi Dear All,
My doubt is regarding my Gratuity calculated by my company.
My last Basic Salary was 22586 rupees. I worked 9.5 years in company.
They calculated my Gratuity only 65154.
Saying that I was on deputation for 4 years.
Also the way they calculated looks like they put Dearness allowance Zero. Is this calculation right ? Can DA be Zero ? Years served under same company on deputation should not be added ?
Many Thanks in advance .
Regards,
Sandeep
Kumar Doab
(Expert) 14 April 2016
Did you submit FormI?
If yes did you mention DOJ/LWD (including period of deputation)?
Did the company supply the notice of determination of Gratuity? If yes did include period of deputation? If the company did not supply the notice demand to supply it?
This is without examining the employment related documents.
Generically speaking:
Deputation, transfer are part of service conditions, thus apparently period of deputation should be counted in service conditions.
You have not posted the break up of your salary i.e. Basic+DA.........
If there is no DA and entire amount is Basic Salary i.e Rs.22586/- then gratuity should be calculated by this amount.
You may show all employment related documents, rules, policies, service conditions mentioned in appointment letter, letter of deputation etc to an able counsel specializing in labor/service matters.
