Gratuity - clarifiction
Ajay Sharma
(Querist) 04 March 2017
This query is : Resolved
Sirs,
I, Dr. Ajay Sharma has been serving at Sankar Foundation, Visakhapatnam, Andhra Pradesh, an NGO eyecare Hospital since last more than a decade. During the year 2008 the management has constructed their own hospital building and thereupon I was designated as CONSULTANT (Retina) and my salary was paid as detailed below:
SPECIAL PAY: Rs. xxxxxxx
Less: TDS @ 10% xxxxxx
Take Home xxxxxxx
Now, in view of the personal reasons, I planned to relocate to my home town and had submitted my resignation for the existing position. In view of the above, I would request you to clarify as to whether I am eligible for claiming GRATUITY? Subsequently certain others' Payslips bearing in the following manner:
Basic: Rs.xxxxxx
HRA : Rs. xxxx
Special Pay Rs. xxxxx
Allowance Rs.xxxxxx
Less:PF Rs.xxxxxx
TDS Rs.xxxxxx
Take home Rs.xxxxxx
I request the experts to please look into the matter and advice suitably so as to enable me to claim the GRATUITY amount at the earliest.
Best regards,
Dr. Ajay Sharma
Guest
(Expert) 04 March 2017
Seems to be merely an academic query.
At present, you don't seem to have any gratuity related problem, as you have not made any mention of the status of your resignation and its date of effect and also whether you applied for gratuity after your relief on your resignation and whether the management has declined your claim with some specific objection.
You would have been justified to post your query on getting some negative response from the management, so that you could get solution in view of the exactness of the objection/ problem.
Ajay Sharma
(Querist) 04 March 2017
Sir,
Thanks for the reply. However tendered resignation about a month, the management accepted to relieve me in June, 2017 (Three months notice). As of now, I didn't raised the question of payment of Gratuity before the Management since employees those who left the Foundation have been settled in the following manner:
Basic : xxxxx
HRA : xxxxx
Special Pay : xxxxx
Stating that Gratuity will be paid taking into account the BASIC only and SPECIAL PAY cannot be taken into consideration.
Basic x no. of years x 15/26
In my case, the salary that I have been termed as SPECIAL PAY duly reducing 10% TDS.Kindly help me out Sir,
Rgds,
Ajay Sharma
Guest
(Expert) 04 March 2017
Apply for payment of gratuity on the prescribed form and wait for the response of the management. Only after that if you feel any problem, you may ask your query based on that response of the management.
Ajay Sharma
(Querist) 04 March 2017
Sir,
Sure Sir, Thanks once again.
Rgds,
Ajay Sharma
P. Venu
(Expert) 04 March 2017
The distinction as to the remuneration received by you and other employees are quite obvious: You had been a consultant; what you had received was fee and not salary.
Guest
(Expert) 04 March 2017
You are welcome, Mr. Ajay Sharma.
Ajay Sharma
(Querist) 04 March 2017
Sir,
Since joining the Foundation i.e. from Nov.2000, I was designated as Medical Officer, Joint Medical Coordinator, Head - Dept. of Retina. Pay slip indicating thereof:
Employee ID,
PF No.
Annual Leave details
Designation
Dept.
Salary Structure: Consultant
Designated as Director (Medical Services) and monthly remuneration received has been shown as SPECIAL PAY indicating TDS Deducted.
Kindly advice.
Rgds,
Kumar Doab
(Expert) 04 March 2017
Agreeing with Mr. P.Venu.
The relationship should be employer-employee.
Kumar Doab
(Expert) 04 March 2017
Before you separating by resignation, you may carefully download the printed version of duties assigned to you and work performed by you and Gratuity Rules of the establishment.
Kumar Doab
(Expert) 04 March 2017
Gratuity={ (Basic+DA)/26*15* No. of Years}
Since there is NO DA as posted by you, the establishment is calculating on Basic.
It is vaguely remembered that Employees from Instt. had lodged queries on Payment of Gratuity.
You have posted that the Instt. has been paying Gratuity.
For payment of Gartuity FormI may be submitted 30 days before LWD, under proper acknowledgment.
Kumar Doab
(Expert) 04 March 2017
Venu Sir,
I have sent few links to you.
Kumar Doab
(Expert) 06 March 2017
Dear LCI author @ Mr. Ajay Sharma,
It is vaguely remembered that Employees from Instt. had lodged queries on Payment of Gratuity and that it has not been paying.
You have posted that the Instt. has been paying Gratuity.
Thus it seems that this establishment has stated paying Gratuity.
Kumar Doab
(Expert) 06 March 2017
Dear LCI author @ Mr. Ajay Sharma,
It is obvious that I have shared with you in this thread that:
Gratuity={ (Basic+DA)/26*15* No. of Years}
Since there is NO DA as posted by you, the establishment is calculating on Basic.
For payment of Gartuity FormI may be submitted 30 days before LWD, under proper acknowledgment.
Kumar Doab
(Expert) 06 March 2017
Dear LCI author @ Mr. Ajay Sharma,
It is obvious that I have shared with expert Shri P.Venu, what I deemed fit to be shared with him.
It is obvious that I have not shared with @PSD. It is entirely my discretion.
In case the establishment has started paying the Gratuity then it should pay you, also as per formulae already posted by me for you.
If it does not treat you as employee or as Consultant even then you may come back.
I have posted in many old thread, that Gratuity even in such cases become payable.
Prior to that the opinion of members of LCI has been it is not payable.
If person @PSD has ever posted prior to that 'Employer-employee' relation is not required to pay Gratuity, he can post the link.
Kumar Doab
(Expert) 06 March 2017
Venu Sir,
I have some other links also for benefit of author: A Doctor: an eminent class of citizens that serve the society and allay the human suffering.
I shall post after the response of author.
Kumar Doab
(Expert) 06 March 2017
Dear LCI author @ Mr. Ajay Sharma,
The FormI can be submitted 30days prior to LWD.
If your employer is accommodating you may submit, preferably under proper acknowledgment.
Guest
(Expert) 06 March 2017
Mr. Ajay Sharma,
Have you observed that Mr. Kumar Doab, an imposter with fake identity got my earlier posts deleted through admn through which I pointed that on your need for advice, Mr. Kumar Doab sent the links to the expert Mr. Venu and also proved that he would start making abusive posts against me on getting himself exposed as an imposter.
Now, after getting my posts deleted, through his unnecessary multiple posts, he has vainly tried to justify himself falsely.
So, you can observe, how he tries to cheat the querists with his misleading and confusing advice keeping his identity hidden from one and all.
Kumar Doab
(Expert) 06 March 2017
ALL Readers of this thread also:
This is the thread today in which an ordinary member: this person @PSD:
has attacked and posted his Trademark nuisance.
@PSD knows that he alone can delete his pots.
BY the way NO post seems to have been deleted by @ PSD from this thread.
Kumar Doab
(Expert) 06 March 2017
Dear LCI author @ Mr. Ajay Sharma,
It is vaguely remembered that Employees from Instt. had lodged queries on Payment of Gratuity and that it has not been paying.
It was a highly illustrated thread and all senior experts wholeheartedly appreciated my efforts and contribution.
You have posted that the Instt. has been paying Gratuity.
I shall support you in the thread.
Kumar Doab
(Expert) 06 March 2017
Reiterated that:
If it does not treat you as employee or as Consultant even then you may come back.
I have posted in many old thread, that Gratuity even in such cases become payable.
I have posted in many old thread, that Gratuity even in such cases become payable.
Prior to that the opinion of members of LCI has been it is not payable.
If person @PSD has ever posted prior to that 'Employer-employee' relation is not required to pay Gratuity, he can post the link.
Guest
(Expert) 07 March 2017
Vague explanations of Mr. Doab in continuous posts demonstrates well his frustration and proves his being an imposter and cheat. He is acting in as per the saying "Chor ki dadhi mein tinka".
