Dipender (Advocate) 11 June 2014

Gratuity

I had a small query regarding gratuity. Is a Spanish embassy in India liable to pay gratuity to an Indian employer on its pay roll after 32 years of his service, on his termination. Pleas mention the basis/source of your answer.

Thanks

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 11 June 2014

Some Basics about Gratuity:

Gratuity Act is applicable to all establishments, where number of employees, are 10 or more in any day of the preceding 12 months. Click here to download the Gratuity bare act.
Charitable institutes and hospital are also covered under the act.
It includes both commercial and non commercial establishment like educational institutes etc.
Only Basic and Dearness allowance should be considered as wages for the purpose of Gratuity.
Gratuity payment formula:

Example: If an employee leave company after 10 years and his last Basic + Dearness allowance is 10000 then his gratuity will be paid as per following formula.

(10000/26)*15* 10

Please note that above formula will remain same irrespective of employee working in 5 days a week establishment.