Gratuity

Dear Anupam

Please see the information below, i hope you find it useful. If you have any query please feel free to contact me at 7291090489.

Gratuity is a benefit received by an employee for services rendered to an organisation. For companies covered under the Gratuity Act, this benefit is paid when an employee completes five or more years of service with the employer. The Gratuity Act applies to establishments employing 10 or more persons. 

The claculation of gratuity is done through this formula "last drawn salary (basic salary plus dearness allowance) X number of completed years of service X 15/26. According to this formula, the time period of over six months or more is considered as one year. This means if you have completed five years and seven months of service, the number of years would be considered as six years for calculation of gratuity benefit. On the other hand, if the service period is five years and five months, for gratuity calculation it will be considered as five years"

Warmly

Ambanshu

GO thru the Gratuity Rules applicable to said establishment in your state and download and attach or mention link.

The senior members of Teachers Forums can guide you to such rules if any in your state.

Generically speaking;

GO thru;

THE PAYMENT OF GRATUITY ACT, 1972; 1,2A,4, 7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

Write to the principle of the school under proepr acknowledgment to supply ‘Notice of Determination of Gratuity’ and payment and requisite form if any and Gratuity Rules to you.

If the Act applies to establishment you should be eligible..

A sensible employer may pay Gratuity alongwith Fnf on LWD. 

Dear/madam I have filled the gratuity case at labour office. today employer lawyer crossed me. my total salary was rs. 16300 at resign time. employer never give me salary slip and not give salary breakup. today he said your basic salary was rs. 8237 and said according to this rs. 33480 he agree to give me. and I submitted but now I decided give me the breakup of salary at settlement time. Now he submit the cheque at 20 march at labour office. I want to ask only one question that he will give me breakup salary document with cheque or not. if not then what is provision of asking the breakup of salary. plz guide.

Sir, I have worked 10 years 7 months in the school (joining date- 27/08/2007) but my principal is saying that they follows their own gratuity rule. The principal said that my gratuity is counted from my confirmation date which is 01/01/2010. If I follow their rule then also I have completed 8yrs 2months but they paid only for 3.5 yrs and in that also they have counted last 3 years salary ( basic + da) then they devided that by 36. After this calculation they multiplied the obtained amount by 3.5. Does private schools can have their own rule?

Sir, I have worked 10 years 7 months in the school (joining date- 27/08/2007) but my principal is saying that they follows their own gratuity rule. The principal said that my gratuity is counted from my confirmation date which is 01/01/2010. If I follow their rule then also I have completed 8yrs 2months but they paid only for 3.5 yrs and in that also they have counted last 3 years salary ( basic + da) then they devided that by 36. After this calculation they multiplied the obtained amount by 3.5. Does private schools can have their own rule?

All employees at a workplace where more than 10 people are employed are covered under the Gratuity Act.

Therefore the formula remains the same, which is mentioned above in the post i have made.

Warmly

Ambanshu Sahni

7291090489

Thank you sir 🙏 for your reply.

Ask the principle to supply the Gratuity rules as applicable in the state to the school/ establishment…

Check with Directorate of Education guidelines in your state applicable to establishment/school…

Or write under proper acknowledgment on IT and as suggested above..

As per Payment of Gratuity Act, 1972;

Gratuity= { ( Basic+DA)/26*15*No. of years in service}

( Basic+DA) is as per last drawn salary..

Count from DOJ to LWD

If IT is 10Y7M as posted by you then IT is =11Y for Gratuity payment ..

Have you not asked to supply ‘Notice of Determination of Gratuity’? Or has IT been supplied?

Have you not checked with authority under Education Act in your state/Dirctorate of Education..! 

No sir, When I asked she (Principal) replied that we give like that only. She mentioned that previous teachers who left / retired, they got their gratuity amount in such manner only.

No sir, When I asked she (Principal) replied that we give like that only. She mentioned that previous teachers who left / retired, they got their gratuity amount in such manner only.