Documentos de Académico
Documentos de Profesional
Documentos de Cultura
by:
Nishtha Sharma Puja Mittal Ritika Khanna Shivangi Verma Sonal Agarwal
Gratuity
A kind of retirement benefit. It is a payment that is intended to help an employee after his retirement. General principle - for faithful service over a long period the employee is entitled to claim a certain amount as retirement benefit. Earned by an employee for long & meritorious service.
Definitions
Appropriate Govt. In relation to an establishment: a) Belonging to, or under the control of Central Government. b) Having branches in more than one state. c) Of a major port, mine, oilfield or railway company, the Central Govt. In any other case, the State Government. Controlling Authority-an authority appointed by the appropriate govt.
Payment of Gratuity
It is a payment that is intended to help an employee after his retirement whether the retirement is due to super-annuation or due to some physical disability. Formula Of Gratuity =(Last Month Wages *15*No. of Services)/26
Payment of Gratuity
1. Gratuity should be paid to an employee on the termination of his employment after he has rendered service for not less than 5 yrs on his super-annuation his retirement his resignation on his death or disablement due to disease or accident
Payment of Gratuity
Condition: Completion of continuous services of five years is not necessary when the termination of employee is due to death of disablement. In case of death of employee gratuity payable to him is paid to his nominee. 2. For every completed year of service or part, the employer shall pay gratuity to the employee at the rate of fifteen days wages based on the rate of the wags last drawn by the employee concerned.
Payment of Gratuity
3. The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand rupees. 4. Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
Nomination
1. If an employee has a family at the time of making a nomination, the nomination shall be made in favor of one or more member of his family . 2. If any nomination is made by an employee in favor of a person who is not the member of his family, shall be void. 3. If an employee has no family at the time of making a nomination, the nomination shall be made in favor of any person or persons
Nomination
4. If the employee acquires a family after making a nomination then such nomination become invalid, and a fresh nomination is made in favor of a family member. 5. Every nomination , fresh nomination or alternation of nomination shall be sent by the employee to his employer, who shall keep it in his safe custody.
Inspectors(Sec.7A)
Appointed by the Government for the purpose of this act. Two or more inspector can be appoint for the same area. Every Inspector shall be deemed to be a public servant within the meaning of section 21, of the Indian Penal Code, 1860.
Recovery of Gratuity(Sec 8)
Controlling authority issued certificate to the collector on behalf of aggrieved party. Collector recover the amount together with compound interest. Amount of interest should not exceed the amount of gratuity.
Penalties
(1) Whoever, for the purpose of avoiding any payment to be
made by himself under this Act or of enabling any other
Penalties
2) An employer who contravenes, or makes default in
complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both
Protection Of Gratuity
No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court.
Thank you