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Favas Abdu   02 February 2021

End of service for rubber tapping employees- personal nature of employment

Dear Sir, I have 2 acres of Rubber in kerala and Tapped around 15 yrs. Now the employee is asking for gratuity. Legally am i liable?.


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 4 Replies

Real Soul.... (LEGAL)     02 February 2021

yes he is to be paid , as he is your longside employee. He can claim otherwise through labour court.

Favas Abdu   02 February 2021

How much should i pay as per the law.

Real Soul.... (LEGAL)     02 February 2021

1) This Act may be called the Payment of Gratuity Act, 1972.3) It shall apply to--(a) every factory, mine, oilfield, plantation, port and railway company;

The formula is as follows:
(15 X last drawn salary X tenure of working) divided by 26

Here, last drawn salary means basic salary, dearness allowance and commission received on sales.

Suppose A's last drawn basic pay is Rs 60,000 per month and he has worked with XYZ Ltd for 20 years and 7 months. In this case, using the formula above, gratuity will be calculated as:
(15 X 60,000 X 21)/26 = Rs. 7.26 lakh
 

 

Favas Abdu   02 February 2021

Is this law applicable to all rubber lands or for the plantations registered under the plantations labour act.

 


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