Issue in gratuity amount

Querist : Anonymous (Querist) 18 February 2019 This query is : Resolved
Hello, I am mentioning my query,

In the previous salary structure, basic was nearby 80%. And after few years then have revised the basic as 40% of gross and no DA was shown in the salary, but I have not given any acceptance to the change of structure. I have resigned after few days.
Now, company is calculation gratuity on 40% basic only and no DA is added too. The matter is still on hold due to calculations as I am not giving acceptance to the calculated gratuity on new revised 40% basic.
Please suggest me that can I get gratuity on old salary structure? New salary structure also seem wrong as they have not shown DA too.
Please help, and suggest what can I do in this situation.

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Guest (Expert) 19 February 2019
Basic structure of salary cannot be changed arbitrarily by the employer without specific consent of the employee.

However, definite opinion can be formed only after examination of the contents of the offer/appointment letter of the employee.

Querist : Anonymous (Querist) 02 May 2019
Thank you so much sir. Is there any law or defined section/clause for the same. Therefore, I can share the same with my employer. I have show them some section to justify it.

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