Legal Question in Workers Comp in India

I am working in my present job since last 6 years. My current salary is Rs.200000/- per month consisting of Basic Rs.100000/- , HRA rs. 50000/- & Other Allowances Rs.50000/-. I propose to resign from my job next month. Am i entitled to receive any gratuity 7 if yes how much. thanks


Asked on 9/18/13, 1:17 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

18.09.2013

Dear Sir / Madam,

Since you have completed 5 (five) years continuous service in the present organization, if the terms and conditions of your appointment mention and include Gratuity as a component of your remuneration package, you are entitled to get one half month's salary for each year of completed service and part thereof, as your Gratuity component from the employer.

Gratuity is covered under Payment of Gratuity Act 1972-For this purpose "salary" means only Basic salary and Dearness Allowance (DA). Any other salary components will not be considered for calculation of Gratuity.

Regards,

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Answered on 9/18/13, 2:00 am


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