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Clarity on gratuity payment

(Querist) 20 January 2018 This query is : Resolved 
Dear Experts, I worked in a BPO industry for exact six years and six months. My date of joining was 7 Jun 2011 and left the company last month on dated 6 Jun 2017. Company has paid gratuity for six years but it should be for 7 years as completed six months will counted one year for gratuity payment and gratuity is also part of my CTC. Please advise me ,I am eligible for seven years gratuity payment or not.
Guest (Expert) 21 January 2018
Recheck your dates of service. The period from 7 June 2011 to 6 June 2017, as you stated, represents 6 years only, not 6 years and 6 months.
Shakeel (Querist) 21 January 2018
Dear Experts, I worked in a BPO industry for exact six years and six months. My date of joining was 7 Jun 2011 and left the company last month on dated 6 Dec 2017. Company has paid gratuity for six years but it should be for 7 years as completed six months will counted one year for gratuity payment and gratuity is also part of my CTC. Please advise me ,I am eligible for seven years gratuity payment or not.
Shakeel (Querist) 21 January 2018
Dear experts, I have corrected my query. Please reply
Guest (Expert) 21 January 2018
Academic query. Read Payment of Gratuity Act and take up the case accordingly.
Kumar Doab (Expert) 21 January 2018
BPO are covered by Shops & Estbs Act.
If Payment of Gratuity Act, 1972, is applicable by IT’s provisions;
You may go thru: Payment of Gratuity Act,1972; S; 2,2A,4,7,9 http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
Calculate Gratuity: { (Basic+DA)/26*15*No. of years in service}
(Basic+DA) is as per last drawn salary.
NO. of years; If employee has worked for more than 5 calendar years then for last year take period
> 6 months=1Y
< 6 months=0Y
So IT is simple and calculate yourself.
Start from Date of reference i.e. LWD and count upto DOJ…………
Kumar Doab (Expert) 21 January 2018
If payment of Gratuity is not made within 30days from LWD the interest @10% is applicable for the
delayed period.
The employer can superior benefits but not inferior and offer better terms of gratuity..
Write under proper acknowledgment to establishment that ‘Notice of determination of Gratuity’,
payment and any forms etc has not been supplied to you and be supplied to you immediately by
Redg. Post from post office.
Kumar Doab (Expert) 21 January 2018
Dear LCI Querist @ Shakeel;

Is IT academic or hypothetical query?
Kumar Doab (Expert) 21 January 2018
Same Query;
http://www.lawyersclubindia.com/experts/Gratuity-payment-669256.asp
Kumar Doab (Expert) 21 January 2018
Dear LCI Querist @ Shakeel;

Is IT and other thread also an academic or hypothetical query?
Kumar Doab (Expert) 21 January 2018
And;

all threads;

http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669446.asp
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669441.asp
http://www.lawyersclubindia.com/experts/Gratuity-payment-669256.asp
http://www.lawyersclubindia.com/experts/Clarity-on-gratuity-payment-669376.asp
Kumar Doab (Expert) 21 January 2018
Dear LCI Querist @ Shakeel;
Is any of threads by you an academic or hypothetical query?

As abused by an entity .........IT=@PSD with multiple fake ID's many of which have been blocked/blackened/shunted out..........
Guest (Expert) 22 January 2018
You may or may not receive gratuity for your query, but Mr. Kumar Doab, a fake expert, has duly received his gratuity in the shape of scores to his credit for making 7 (seven) unnecessary and irrelevant posts by playing a number game against your single simple question as of his chronic habit.


Dr J C Vashista (Expert) 22 January 2018
It is absurd, ridiculous and stupidity to repeat same story time and again with the sole aim to pass your time at the cost of precious time, efforts and money of the experts on this platform performing social service to the needy litigants FREE OF COST.
Ms.Usha Kapoor (Expert) 26 June 2018
Agree with Vashista.


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