The certificates shall be generated in PDF format, therefore they are not editable.
Lockout, cessation of work not due to any fault of the employees and Absence from duty without leave not being absence in respect of which an order treating the actions as break in service has been passed in accordance with d standing orders, rules or regulations governing the employees of the establishment.
As was held in the case of Dalmia Magnesite Corporation vs regional Labour Commissioner Madras if this service is interrupted for reason other than mentioned above it shall be deemed has not been continuous service.
Where an employee not being an employee employed in a seasonal establishment is not in continuous service for any period of 1 year, shall be deemed to be in continuous service under the employer if during the period 12 calendar months preceding the date with reference to which calculation is to be made, he has actually worked under the employee for not less than days in the case of an employee employed below ground in a mine or any establishment which work for less than 6 days in a week and days in any other case.
Under clause 2 of section 2A when determining the continuous service for any period of 6 months rather then 1 year for Payment of Gratuity, the number of days the employee should have actually work should be half the number of days actually work which constitutes continuous service for a period of 1 year.
What this means is if we are calculating gratuity for a period of 6 month rather than 1 years then days will be replaced by 95 days and days will be replaced by days.
For the number of days an employee has been laid off under an agreement or as permitted by standing orders made under the industrial employment standing order act, or under the industrial dispute act, or under any other law applicable to the establishment he shall be deemed to be in continuous service.
Like this if an employee has been on leave with full wages that where earned in the previous years or he has been Form f nomination of gratuity pdf due to temporary disablement caused by accident arising out of and in the course of his employment shall be Deemed to be in continuous service.
If a female has been on maternity leave and the maternity leave is not exceeding 12 weeks, she shall be deemed to be in continuous service. In Jeevan Lal Limited v its workmen, the claim to gratuity is not forfeited by interruption in service, even though it is over a long period.
If the leave is condoned and the employee has been allowed to resume employment by employer.
Superannuation means the attainment by the employee of Such age as is fixed in the contract or conditions of service as the age on the attainment of which the employees vacate his employment.
Retirement lease termination of the service of an employee otherwise than on superannuation. This means if the employer by his own wish retire an employee it will be termed as retirement.
But if the employee is discharged on attainment of a specific age then it is superannuation. Amount of Gratuity and Due Dates of Payment For Every completed year of service or part there of in excess of 6 months the employer shall pay gratuity to an employee at the rate of 15 days wages based on rate of wages last drawn by the employee concerned.
According to explanation under section 4 2if the wages is paid monthly then the per day wage for the pupose of calculation of gratuity will be calculated as follows: For this purpose, the wages paid for any overtime work shall not be taken into account.
In the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season. The amount of gratuity payable to an employee shall not exceed ten lakh rupees.
Under Section 4 5nothing in this section as mentioned above shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
This clause has been discussed in detail by the supreme court in case of Punjab v Labour Court, Jalandhar. In this case it was observed that being welfare legislation if there is a contract that provides more benefit to employee than the act. Such contract cannot be rescinded just because benefit is greater than the act.
The gratuity payable to an employee may also be wholly or partially forfeited i if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or ii if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
As held in the case of Bharat Gold Mines v Regional Labor Commissioner, Any decision under the i and ii cannot be taken unless employee has been given due chance to fair hearing from employer.
Also theft is an offence involving moral turpitude. When Gratuity Becomes Payable: A Nominee shall apply for gratuity in Form J within 30 days of being payable.
A legal heir may apply in Form H within 30 Days of being payable.
Any Form For Claiming Gratuity Submitted After Due Dates Specified Above Can Be Accepted If Employee Give Adequate Reason For Delay As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section 1 has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined.
Where there is a dispute with regard to any matter or matters specified in clause athe employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute The controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the controlling authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.
If an employer Refuses to accept a nomination or to Entertain an application.form-e / nomination for family pension I, hereby, nominate the person(s) mentioned below, who are members of my family, to receive in the order shown below, the family pension which.
Application to controlling authority for direction,-If an employer-(i) refuses to accept a nomination or to entertain an application for payment of gratuity, or(ii) issues a notice either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity.
You have to fill the forms like Form 20 (for EDLI), Form 10D/10C (for claiming the Provident Fund dues and Pension/Withdrawal Benefit as applicable).
All details should be in BLOCK LETTERS. Provide bank details (better to attach a cancelled cheque copy for an accuracy of bank details).
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|Blog Archive||According to this proviso in the case of death of the employee gratuity which is due could be paid to his nominee if the nomination had been obtained in the prescribed form and following the provisions of section 6 of the Payment of Gratuity Act.|
Considering this new Payment of Gratuity (Amendment) Bill, let us see the new rules, eligibility, the formula to calculate, taxation and also the calculator.
What is Form 16 / 16A? It is the certificate of deduction of tax at source by any person in accordance with Chapter XVII-B of IT grupobittia.com 16 is issued on deduction of tax by the employer on behalf of the employee under section of IT Act, Form 16A is issued if the deduction of tax is under any other provision of Chapter XVII-B of IT Act.
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