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| about gratuity |
Sir, I am transfer from one city to other city company is same. company pf registration number is different . no objection of PF Office for pf withdrawal (old Branch) but objection of Company HR for Gratuity what is Problem ? for Gratuity? (total 10 years service and Trf from 2 years to other Branch) plz suggestion. |
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| sneha bagchi says: |
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ANYONE WHO WANTS TO CALCULATE HIS /HER GRATUITY AMOUNT CLICK TO NDTV PROFIT LINK:
http://ndtvprofit.com/Calculators/gratuity.htm |
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| sneha bagchi says: |
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Benefits :
The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 months.
The total amount of gratuity payable shall not exceed the prescribed limit.
In case where higher benefit of gratuity is available under any gratuity scheme of the Co., the employee will be entitled to higher benefit
Calculation of Gratuity
Gratuity = Monthly Salary/26 x 15 days x No. of yrs. of service
Max. Gratuity payable under the Act is Rs. 3,50,000/- (w.e.f. 24-9-1997)
Gratuity Amount payable under Payment of Gratuity Act enhanced from Rs.3.5 lakhs to Rs 10 lakhs
Payment of Gratuity (Amendment) Act, 2010 (No. 15 of 2010), dated 17-5-2010
Read more: Payment of Gratuity (Amendment) Act, 2010 limit Rs.3.5 lakhs to Rs 10 lakhs
Penal Provisions : (important)
(Nonpayment of gratuity payable under the Act is punishable with imprisonment up to 2 years (minimum 6 months) and/or fine up to RS 20,000/-. Other contravention/offenses attract imprisonment up to 1 year and/or fine up to RS 10,000.)
so guys if employer is messing up with your gratuity then they will be penalised... :) |
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| sneha bagchi says: |
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payment of gratuity act
Applicability : -
1)Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway.
2)Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end.
3)Any establishment employing 10 or more persons as may be notified by the Central Government.
4)Once Act applies, it continues to apply even if employment strength falls below 10.
Eligibility:-
1)Any person employed on wages/salary.
At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years,
2)In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service. |
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| pranab banerjee says: |
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Dear friend, As per the Gratuity Act 1972. it is define that the any employee who can works still 12 months at a time in a concern, he will be get the Gratuity benefits as per the Gratuity Act 1972. In this Regards I have attach herewith the Gratuity Act 1972 and attach herein the Gratuity Calculation as per the Gratuity Act 1972 and the Gratuity Amount Paid by the Central Govt and All State Govt as per the Software Created Formula.Please acknowledge.
The Attachment of Gratuity Act and the Calculation Software will be available in this Site, please search the Same. |
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| Ali Raza says: |
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thats 5 years |
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| Ali Raza says: |
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you have worked over 4 years with the same employer, so you can claim it transfers does't matter in this case at all. |
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| Akhilesh Mishra says: |
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Hi,
You are eligible for gratuity provided you have valid transfer letters. In case you have resigned and then joined the group company, you will lose your eligibility.
Regards,
Akhilesh Mishra |
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| Jitender Singh says: |
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Since your Service is continued with the same employer. Location(Transfer) does not matter. As per Gratuity Act 1972, employee can get the gratuity only on resignation or retirement.
Rgds/Jitender |
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| gowri sankar says: |
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because calculate gratuity the HR must calculate from your joining rate of pay and date designation and other thing which require for calculation of gratuity so for the HR objecting so my suggestion is to ask about the problem n take necessary guidelines form HR. |
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| Rajesham HB says: |
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as i know, gratuity rule says that after completion of 5 years and when you leave the company, you will be eligible to claim it. |
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| PRAK CR says: |
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Gratuity payable for employees is determined based on Gratuity Act, as per Act, if employee completed 5years of service in any organisation he is entitled for pament after his resignation or retirement. |
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| rajasekarankalyani says: |
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where ever you work or transfer in one company your pf and your gruduvity never changes,you need not worry about your grty, |
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| G BALASUBRAMANIAN says: |
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I dont think there will be any problem on payment of Gratuity to you. The reason being the company is same and you are only transfred from branch to another. Please ask your HR what is the reasons for not paying Gratuity in writing, so that you can take further decison on the matter. |
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| aditya Samal says: |
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Hi,
can some body help me out with this question?
can a subsistence allowance paid to an employee be deducted from gratuity? give legal reason? |
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| SHANKAR RAO KP says: |
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Dear Mr. Amar,
You please confirm with your employer that your name has been included in the list of employees, whose premium has been paid to the insurance agency.
If you are not in the list, then no way you get your gratuity.
Thanks,
Shankar |
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| Karun Bhatia says: |
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Dear Concern,
For gratuity you should have 5 years of cpntinous service with one organization.
Regards, |
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| Godfrey Mitchell says: |
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Hi Amar,
The company cannot refuse your Gratuity payment if your service with them has been continously for a period of 5 years and above. It has nothing to do with your location of work provided you have been continously on their payroll and there has been no break in service. You can take this matter up with your HR head and question their reason for not paying you your Gratuity.
Remember, Gratuity payment is only mandatory if it has been promised to you in writing. If not then you would have to consult a legal professional to help you in this case.
My advice would be to speak to your HR head and get their point of view basis which I can advise you further on what can be done.
Regards
Godfrey |
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| manohar pandey says: |
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you are eligible for gratuity |
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| shivananda rao says: |
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Please look at the points mentioned in your transfer letter. Under a same company irrespective of your branch, you are eligible for gratuity on completing five years.
Secondly, Same employer but has different units with different registrations. Then the previous authority should issue a transfer letter mentioning all your leave, pf, gratuity benefits will be transferrred to new unit and will be continued.
Also look at your first appointment letter about the provision of transferring |
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| Sreehari says: |
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Dear More,
you were transferred from one city branch to another city branch. then you can transfer your PF account by using form 13 and submit to your new city brach hr then he has to care of your form submission and etc., in gratuity you should have to completed minimum 5 years service in any organization. Just you have been transferred only not join in new brach so once you have completed you 5 years service you are eligible for gratutity when will be leaving the organization.
sree |
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| Thiru Velan says: |
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Mr.Amar
If I am correct, U r in soop.
Just listen carefully.
U have been transferred by every two year from Company 1 to Company 2 and viceversa. correct.
Pl remember that the EPF codes are different.
In such ocassion you dont have the eligibility for Graduity. Y because you need to complete mandatarily 5 years of continuous service for enjoing Graduity.
pl Verify
Thiru |
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| Laxminarasimhulu Garlapati says: |
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The question is not clear. PF and Gratuity are two different stautory payments. While the PF contributions (employee & employer) are deposited regularly with the concerned PF office by employer
for which all the individual employees are given a PF account number.
Gratuity is payable under the provisions of Payment of Gratuity Act-1972.
I understand from the question that your employer is one and the same but you are transferred to a different brnach probaly a new geographical location. In that case there is no need to get Gratuity transferred from your earlier branch office to new branch office. The Gratuity is payabble to you when you get seperated from the company after serving for a minimu period of 5 years.
Even transfer of PF account is necessary only when the jurisdiction of your business area changes.
I hope this clears your doubt. |
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| Brijesh Panchal says: |
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Can anybody give me a artical or HR policies, and how to make a new HR policies? a sample of it. please sir/ madam. |
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| Prithviraj Nandy says: |
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The problem lies in the fact that you havn't left the company yet. Gratuity is a post separation benefit which is only receivable after you leave the company for good and not on a transfer.
Regards |
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| biswajit das says: |
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Hi ,
Pls. clarify the following pts.
1.If you transfer another city after 8 Years with same Service No. or Resigned the previous one.
2.P.F is not matter .you trnsfer the same to fillup form no.13. for continuation of srvice .
3.If Your service no Was changed HR Dept. is correct .if not you are elligable for 10 Yrs gratuity . (The gratuity are calculated last salary drawn.) |
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| VK SHARMA says: |
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Dear Friend,
Apply to ALC under Payment of Gratuity Act, 1972,
FORM-N and claim your gratuity. In any Case gratuity is not even attachable. You will get justice.
Regards
V K Sharma |
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