Gratuity Act: Employees ALERT! Are you eligible? How amount is calculated? What’s the maximum money limit? Get all answers here (2024)

Gratuity is the amount an employee gets when he leaves a company, as a token of appreciation for the services rendered. Gratuity is considered as a token of appreciation for the services provided by the employee. However, an employee must have to fulfill certain conditions to get eligible for gratuity.

According to the Gratuity Act 1972, an employee becomes eligible for the loyalty benefit only if he has completed five years of regular service. Gratuity Act 1972 says that an ‘Employee’ under the Payment of Gratuity Act means any person employed on wages for doing any type of work, including those hired in the managerial or administrative capacity. The key consideration for gratuity payment is that the person should be employed on wages. Those employed as apprentices are not eligible for gratuity. Gratuity is calculated on the basis of the number of years of service, as it does not include absentee duty and unaccounted leave. If there was a break in your services, then that particular time is also deducted from the payment of gratuity.

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Limit

The maximum amount of gratuity that can be paid to an employee is Rs 20 lakh. The employer can, however, pay more gratuity than the prescribed ceiling. The payment of gratuity is made either to the employee at the time of his retirement, or termination or to the legal heir in case of death of the employee.

Calculation

Gratuity is calculated differently for monthly-rated, piece-rated, and seasonal employees. For employees falling under the Payment of Gratuity Act, gratuity is calculated on the basis of 15 days of the last drawn salary for each completed year of service. If an employee serves over 6 months in a year, then the entire year is counted towards gratuity. In this case, the purpose of calculation allowance other than Basic + Dearness Allowance (DA) is not considered. The basic formula to calculate gratuity for monthly employees is (Basic + DA x15 / 26) x Years of service rendered.

On the other hand, employee gratuity is calculated taking into account the average of the last three months of service before retirement or termination. For seasonal employees, instead of 15 days, only 7 days are taken into account for calculating gratuity and multiplied by the number of seasons worked over the years. The remaining calculation is the same as the monthly working employee. The basic formula to calculate gratuity is (Basic + DA x7 / 26) x Number of seasons.

Gratuity Act: Employees ALERT! Are you eligible? How amount is calculated? What’s the maximum money limit? Get all answers here (2024)

FAQs

What is the end of year gratuity act? ›

The End of Year Gratuity Act 2001 also provides that where the basic wage of an employee for the month of December is higher than 1/12th of his earnings for the year, the employee shall be paid his basic wage for the month of December as end of year bonus. 6.

What is the Maharashtra gratuity act? ›

Payment of Gratuity Act, 1972

An employee, who completes not less than 5 years continuous services continuous services except in the case of death becomes eligible to receive gratuity at the rate of 15 days wages for every completed year of services.

How is gratuity calculated in UAE? ›

For employees who have worked for 1-3 years, their gratuity consists of 1/3rd of their basic salary of 21 days for each year of service. For employees who have worked for 3-5 years, their gratuity consists of 2/3rd of their basic salary of 21 days for each year of service.

What are the rules for gratuity in Bangladesh? ›

In Bangladesh, the provision for gratuity is contained in the Bangladesh Labour Act 2006 (2006 Act) and is defined under section 2(10) as wages of at least 30 (thirty) days for every completed year of service and such wages shall be at the rate of the wages the worker received last and where any worker has served for ...

How does gratuity work? ›

"Gratuity" is defined in the Labor Code as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons.

What are the acts of gratuity? ›

The "Payment of Gratuity Act 1972" regulates gratuities, which are mandatory payments made by employers to workers who have worked for them for five years or more. It is typically provided when an employee leaves an establishment or retires.

What is the maximum gratuity payable to Maharashtra government employees? ›

7th Pay Commission: As per the Gratuity Payment Act 1972, the maximum gratuity an employee can receive is Rs 20 lakh, the entire sum is given by the company/organisation out of its own funds.

How do you calculate settlement amount? ›

To determine a potential settlement value, they first combine the total of medical expenses to date, projected future medical expenses, lost wages to date and projected future lost income. The resulting sum is then multiplied by the pain and suffering multiplier value to produce a projected settlement amount.

How do you calculate the gratuity? ›

The formula is: (15 * Your last drawn salary * the working tenure) / 30. For example, you have a basic salary of Rs 30,000. You have rendered continuous service of 7 years and the employer is not covered under the Gratuity Act. Gratuity Amount = (15 * 30,000 * 7) / 30 = Rs 1,05,000.

What is the formula for calculating gratuity? ›

Gratuity = (15 × last drawn salary × working tenure)/30. For instance, if you have worked for a company for seven years, the organisation is not covered under the Gratuity Act. And your basic salary was Rs. 35,000. Gratuity Amount = (15 × 35,000 × 7) / 30 = 1,22,500.

What's a provident fund? ›

What is Provident Fund (PF)? A Provident Fund (PF) is a savings and retirement fund in India that is typically established and contributed to by salaried employees and their employers. It is a government-backed initiative aimed at providing financial security to employees during their retirement years.

What is the tax rate on gratuity in Bangladesh? ›

According to the order, tax on income from provident fund, gratuity fund, superannuation fund, and pension fund has been reduced to 15%.

Is gratuity fund taxable in Bangladesh? ›

Gratuity amount taxable or not

It may be also mentioned that as per the Income Tax Ordinance 1984 (hereinafter referred to as ITO), gratuity amount up to BDT 2,50,00,000.00 (Taka Two Crore & Fifty Lac) only is not taxable.

What is the new gratuity law in UAE 2024? ›

If an employee has served more than three years or between three and five years, they are entitled to two third of 21 days basic salary as gratuity pay. Multiply daily wage by 21 or 30 (if the tenure is more than five years) = 333.30 x 21 = 6,999.30.

When should gratuity be paid in UAE? ›

Under the new law, the total gratuity shall still be, at most, the wage of two years and all entitlements must be paid within 14 days from the employee's end date. Under Article 30 of Cabinet Resolution No. 1 of 2022 on implementing Federal Decree-Law No.

How is gratuity calculated for part time employees in UAE? ›

- Gratuity of the part-time job will be the resulting percentage from the gratuity of the full-time job. For example: You work full-time for company A: 2,112 hours a year, and part-time for company B: 792 hours a year. Gratuity of your part-time job will be 37.5 per cent of your gratuity from the full-time job.

What is the final settlement in UAE? ›

The final settlement as per UAE Labor Law is the procedure by which the calculation of all the payable dues is done for an employee who is retiring, resigning, or being fired by the company.

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