Mahi 28 February 2017

Is personal pay (management) considered in gratuity

Hello Experts,

Kindly requested to clarify me followings, my salary slip is mentioning below

- 1------Basic salary ---------------18377

2-- conveyance allowance ----1600

3--- HRA---------------------------7351

4--- personal pay------------ 16132

5---Medical allowance------1250

6- Regular bonus and LTA allowance ----1950

Total salary monthly------------------------46660

PF deducted every month Rs 2205 , i.e 12 % of basic salary which is 18377 above mentioned

1--- Can I claim adding my personal pay while calculating my gratuity

2--- Since there is no Dearness allowance or Variable DA in salary, is it illegal ?

3--- Can I ask my employer to add my personal pay while deducting the PF ?

4--- Is my salary structure mentioned above is as per law or violative? Since DA or VDA component is missing.

Thanks

Regards, Mahi

Reply Follow

8 Replies

Kumar Doab (FIN) 28 February 2017

As posted in your other thread;

Gratuity={(Basic+DA)/26*15*20}

If there is NO separate DA then, Basic may be taken for calculation.

Mahi 28 February 2017

Dear Mr. Kumar,

Your reply is little short , can you please elaborate why personal pay not added , if DA component is missing, is it legal?

regards

mahi delhi

Kumar Doab (FIN) 28 February 2017

I don't think so.

The statue provides for Basic+DA.

If you have some information share it!

Ritesh Maity (Labour Law Advocate) 28 February 2017

You will be entitled to gratuity on the basis of your basic pay only considering your above mentioned payslip details.

Kumar Doab (FIN) 28 February 2017

"if DA component is missing, is it legal?"

If you have some information share it!

Mahi 28 February 2017

No I Donot have such information with supportive documents, one of my HR friend was telling me orally that DA is mandatory in salary , but he too is not sure .

thanks

Mahi 28 February 2017

No I Donot have such information with supportive documents, one of my HR friend was telling me orally that DA is mandatory in salary , but he too is not sure .

thanks

Kumar Doab (FIN) 01 March 2017

Show all employment related docs, appointment letter, salary slips, CTC sheet to your own counsel specializing in Labor/service matters for a considered opinion.