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Rakesh Reddy (Software Developer)     06 November 2015

Gratuity calculation

Hi Sir, 

I have completed 5.2 yes of service with one of the organisation,where they have mentioned Retirals bonus as 49,248 in annual CTC. Which may be consider as DA.

So the caliculation would be like  [24,624+49,248] X 15 / 26 X 5 = Rs. 2,13,092

[basic+DA]X 15 / 26 X 5

But now they are calculating as 

[ Basic Rs. 24,624/- + (Rs.49,248/12) ] X 15 / 26 X 5 = Rs. 82,869/-  I wonder and get confused why they are dividing DA with 12 again. 

Please suggest me whether I am wrong or they are wrong? 

Attaching my revised salary, Retirals is mentioned under gratuity 1972 law act in offer letter.



Learning

 11 Replies

Kumar Doab (FIN)     06 November 2015

Confirm the CTC sheet shows that amount as annual or monthly.

Rakesh Reddy (Software Developer)     06 November 2015

Sorry Sir

I didn't get you. Are you confirming or you want me to confirm. 

Is it might be either annual or Monthly. So the divided by 12 is correct? 

 

Kumar Doab (FIN)     07 November 2015

Yu have modified your last post. Earlier it was; "It annual only, not Monthly"..................... Convert the annual component of DA to monthly=annual/12 and calculate. Company seems to be right.

Rakesh Reddy (Software Developer)     07 November 2015

Sir I have attached the CTC copy in 1st post... I was not sure how it will caliculated, but in CTC it mentioned under annual. Can you please look into that attachment of CTC and finalize.

Rakesh Reddy (Software Developer)     07 November 2015

If CTC is 6.05 lac/anum. which includes 49,248 as Retirals.

If we sum up the value for 5 yrs it will be 246240/-. Annual CTC means which the company should pay to employee annually. So if the company calculation says it is around 83k, then CTC is not equals to 6.05lacs. 

If there is no Retials also the gratuity is 72k. From 49,248 , I will get 11k for 5 yrs? how it could be?

i.e for exp: 5 yers 6lac * 5yrs = 30lac CTC

 but now it is  5.5lac*5 yrs+83000 gratuity =28.3 lacs only. 

Till now they have paid 27.5lacs. need to pay 2.5. So my calculation will be around  2.13lac. 

So which is round to 30 lac if we cosnider 40k as tax or whatever . 

 

 

slakshmanrao (accounts officer)     07 November 2015

Towrds the service rendered is to the extent of five years.The entitlement will be one months Basic+ DA as on the date of processing the gratuity...!!! Simple way of determining the eligibility criteria of Gratuity...

Kumar Doab (FIN)     07 November 2015

It is not 30days or one month but it is 15days/year @ last drawn (Basic+DA).

Regret could not download the attached file.

The calculation is simple.

If you are facing difficulty,demand notice of determination of Gratuity from company (hard and soft copy both) and after you have recieved it write back seeking clarification.

 

Company can not keep a penny from amount released by say LIC/Trust/FI etc even if amount payable as per formulae of gratuity is lower than the amount released by LIC/Trust/FI etc.


So you may demand the certified copy of payment certificate/Copy of cheque released by LIC/Trust/FI etc..........and also notice of determination of Gratuity by company and claim the difference.

 

Employee can approach the DCDRF/Consumer Fora also for claims of Gratuity.............

 

You may go thru:

 

 

https://www.lawyersclubindia.com/experts/Seeking-help-on-gratuity-queries-527221.asp

https://www.lawyersclubindia.com/experts/Seeking-help-on-gratuity-527281.asp#.VQBHENKqqko

 

 

Rakesh Reddy (Software Developer)     09 November 2015

Thank you Sir..

I sent a FORM I thru speedpost, and have acknowledge confirmation by company in mail. Will it be work or only need to send thru reg post only.

Kumar Doab (FIN)     09 November 2015

If company has confirmed reciept of FormI in clear language then there is no need.

Speed and Redg. Post are equal.

You may download and printout tracking report from:

www.indiapost.gov.in

 

or if you are still apprehensive apply for POD and certified copy of run sheet of postman from post office.

 

Rakesh Reddy (Software Developer)     09 November 2015

Thank you..!! You have been wonderfull all the times,

The FORM was recieved by company on 5th October 2015, as per law they should have to reply me in 15 days, but it is over a month period they are still fighting with me in calculation. Shall I need to send any followup post or directly reach to Labour court for help. 

Kumar Doab (FIN)     09 November 2015

Sec:9 in the Act provides for penalty upto Rs.20000/ with punishment of jail time to 'Whoever' that avoids to pay Gratuity. You can approach Controlling authority of Gratuity, Consumer Fora if your claim is genuine. Transact in writing with the company.

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