Our company have 4 employee and location is RAJKOT. I completed 6 year same company so please let me know I am eligible for gratuity if not so what other benefits company give me. also company not provide any salary slip.
From India, Mumbai
From India, Mumbai
Hello,
As per GRATUITY ACT, 1972 Section: 4, Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease.
In simple term, an employee who completed minimum 5 years of continuous service is eligible for gratuity. Thus, in your case you, as you mentioned that you have completed 6 years in the same company, you are entitled to get the gratuity, no matter your company provides salary slip or not.
For your knowledge
The amount of gratuity can be calculated using the following formula:
Gratuity = No of completed years in company X Latest Basic Salary+DA X 15/26
Example
Suppose, your last basic salary + DA was Rs 25,000/-.
Gratuity = 6 X 25000 X 15/26 = Rs 86,539/-
You can also refer to my previous comment - https://www.citehr.com/579506-gratui...ml#post2342470
From India, Ahmedabad
4As per GRATUITY ACT, 1972 Section: 4, Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease.
In simple term, an employee who completed minimum 5 years of continuous service is eligible for gratuity. Thus, in your case you, as you mentioned that you have completed 6 years in the same company, you are entitled to get the gratuity, no matter your company provides salary slip or not.
For your knowledge
The amount of gratuity can be calculated using the following formula:
Gratuity = No of completed years in company X Latest Basic Salary+DA X 15/26
Example
Suppose, your last basic salary + DA was Rs 25,000/-.
Gratuity = 6 X 25000 X 15/26 = Rs 86,539/-
You can also refer to my previous comment - https://www.citehr.com/579506-gratui...ml#post2342470
From India, Ahmedabad
But some persone told me that company have minimum 10 employee but our company have only 4 employee.
From India, Mumbai
From India, Mumbai
An employee will be covered under the Act if the organisation employees at least 10 persons on a single day in a preceding 12 months. And once an organisation comes under the purview of the gratuity Act, then it will always remain covered even if the number of employees is falls below 10.
Therefore you may not be entitled for gratuity.
From India, Pune
Therefore you may not be entitled for gratuity.
From India, Pune
you have to serve at least 5 years in a company to get gratuity payment. A Madras High Court ruling held that you can avail gratuity if you have completed 240 days of service in the fifth year. It is best to check with the HR of your company about this. However, if someone dies while in service, the gratuity amount will be paid to their legal heir even if they have not completed 5 years of service. In addition, the amount received by a nominee/heir will not be taxed.
From India, Champapet
From India, Champapet
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc