Law of land applies to each company and employer!
What is this establishment: Commercial, industrial, small enterprise/
How many employees are employed in it?
You are located in which state?
Redg. Office the company is located in which state?
>>> Gratuity;
Payment of Gratuity Act:1972
Sec:1: (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
So if your company fulfills these conditions the Payment of Gratuity shall be applicable to it>
You may also go thru: Sec:2A (1), (2) (a) (i) (ii), (b) (i) (ii), 7
Even if the employee has not made any application employer has to make the payment within 30 days of becoming eligible (last date in office in your case) or tender interest @10%pa.
You can submit FormI 1 month before the date of retirement chosen by you (resignation/last date in office/expiry of notice period), of course under proper acknowledgment, preferably by redg. post.
You have worked for 7Y8M and may count it as 8Y.
The formulae for calculations is;
{(Basic+DA)/26*15}* No. of years in service
Basic+DA is as per last drawn salary.
Gratuity up to Rs.10Lac is Tax Free. Beyond it may be subjected to tax treatment.
>>> PF:
The company’s internal/private policies shall not decide PF shall be applicable to it or not!
>>> Resignation: Forced resignation can be termed 'deemed termination'. Did you resign with immediate effect? If yes, company may adjust notice pay and square off your dues.
Reply to few questions mentioned above!
