Soumalya Sen 29 January 2020

Gratuity payment related query

I have a question to help my friend.Please if anyone can help.If his basic salary is INR 11750 and he have worked for a company for 7 yrs and 8 months and have resigned from the company on 21st November then what will be his Gratuity amount payable. The company where he has worked for has computed his basic INR 8225/- based on 21 days on November 2019 after which he resigned and calculated the last drawn basic for gratuity payment. Now my question is the last drawn basic on which the gratuity calculation is to be made will be Rs.11750/- or Rs. 8225/-?

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Soumalya Sen 29 January 2020

Sir, The HR is saying as You have worked for 21 days on november 2019 so the basic is calculated on the basis of 21 days and this gratuity is calculated The calculation is as follows Basic salary 11750/- As i have resigned on 21st november 2019 they have shown my basic 8225/- (11750/30)x 21=8225/- Is this ok as per law and calculated my gratuity on the basis of 8225/-(basic)

Advocate Suneel Moudgil (Advocate) 29 January 2020

1. gratuity will be calculated on the basic pay,

2. basic pay will be 11750/-

3. HR is trying to lower the liability in an illegal manner

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Dr J C Vashista (Advocate) 29 January 2020

Whether provisions of Gartuity Act are applicable in the case of your "friend" ?

If so, tell your "friend" to seek opinion and advise of a local prudent lawyer practicing service matters for better appreciation of facts, professional guidance and necessary proceeding.