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UDAY MITHAWALA   03 April 2016

Gratuity

HI, 

i am working with broking firm (a proprietorship firm ) since 2001, almost 15 years. till date i have received my salary in cheques. I wish to leave the firm as no further scope of any development seems.  my present salary is 20k which is increased only 2k in last 8 years. so my question is if i am leaving job now. what can i get from my emploer leagally. no PF is deducted ever in my name by my employer. i heard about getting gratuity on job termination, so how to calculate exactly the same. is there any law of salary increment every year. so i did nt get much appraisal in last many years. so can that be claim also. also bonus is not received in this years. so please help me finding what exact i can get from my employer in case of leaving job. thanking you in advance for your kind help.

regards

 

UDAY



Learning

 4 Replies

slakshmanrao (accounts officer)     03 April 2016

Dear basically the resignation has to be accepted by the appointing authority.Based on the confirmation,you can claim Basic Pay+DA multiplied by 7.5.That is Half a month!s salary for every year of completed service..About entitlement on Bonus,no comments.

Kumar Doab (FIN)     03 April 2016

Hope you shall take the post positively.

Although you have worked for 15 years but you are not properly informed.

It is strange that you have given 15 years of your youth to an establishment/employer that has given incremntal increase of only Rs.2000/ in last 8 long years.

You have not posted that:

--how many persons were employed in the establishment at your DOJ, in last 12 months and now

--what is your designation and nature of duties?

--you are loacted in which state?

--Has any appointment letter, I.Card,ESIC Card, Form16 etc been issued to you and what proof do you have of employment e.g emails,letters, tasks, assignments etc.

 

Gratuity={(Basic+DA)/26*15* No. of years in service}

Here Basic+DA is as per last drawn wages.

You can submit FormI 30 days in advance from LWD or after LWD.

You can also speak to Inspector.

 

Bonus: Payment of Bonus Act; Look into wage celing (as per def. of wages) of each year, that was last Rs.10000/pm and current Rs.14000/pm

 

Increments; If you are covered by Min wages Act then relate with notifications issued by o/o Labor Commissioner

If appraisal and increments are part of servcie conditions then you may have a claim.

Usually CPI is referred to while deciding increments.

You can also speak to labor Inspector.

 

PF; Look into wage celing of each year.You can also speak to PRO/APFC.

 

ESIC; Look into wage celing of each year.You can also speak to Inspector.

 

Employee's/Trade union leaders, Labor Law consultant can guide you further. 

 

Vishal (Asstt. Manager)     03 April 2016

Dear Mr. Kumar Plz confirm the ceiling of bonus. 14k or 21k ??

Kumar Doab (FIN)     04 April 2016

Regret the error.

It is Rs.21000/pm

THE PAYMENT OF BONUS (AMENDMENT) ACT, 2015 NO. 6 OF 2016 [31st December, 2015.]

https://www.prsindia.org/uploads/media/Payment%20of%20Bonus/Payment%20of%20Bonus%20Act,%202015.pdf


Attached File : 60926 20160404165030 275196948 payment of bonus act 2015.pdf downloaded: 110 times

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