What is Gratuity Act: Payment Rules and Calculation
Under the Payment of Gratuity Act, 1972, employers pay gratuity amounts to their employees as a token of appreciation for their contributions to the company. It is a monetary benefit provided to employees engaged in mines, factories, plantations, oilfields, ports etc., after their retirement.
However, you need to adhere to specific rules under this Gratuity Act related to its payment. Keep scrolling if you want to learn more about it!
How Does Gratuity Payment Work?
Under the Gratuity Act, only an employer pays a gratuity amount to an employee. Employers may either choose to pay the sum from their account. Else, they can opt for a general insurance provider.
A company deposits the annual contribution with an insurance provider. In return, it pays the payable gratuity amount to an employee based on policy guidelines.
How to Calculate Gratuity Amount?
The calculation formula is different for two broad categories:
1. Employer Covered Under Gratuity Act
2. Employer Not Covered Under Gratuity Act
In the first case, employers use the following formula:
Total gratuity amount = n*b*15 / 26
Where n = number of years in providing services to a company.
b= last basic salary and dearness allowance.
Take a look at the following example:
| Total tenure of your service in a company | 15 |
|---|---|
| Last basic salary + dearness allowance | ₹30,000 |
| Total gratuity amount | 15x ₹30,000x15/26 = ₹2,59,615 |
If employers are not covered under this act, they calculate the payable amount based on each year's half-month salary. Accordingly, use the following formula:
Total gratuity amount = (15 * Your last drawn salary * the working tenure) / 30.
Here’s another example:
| Total tenure of your service in a company | 7 |
|---|---|
| Last basic salary + dearness allowance | ₹30,000 |
| Total gratuity amount | 15x ₹30,000x7/30 = ₹1,05,000 |
Also, as an employer, you must note the following pointers:
Round off anything above 6 months to the next number. Similarly, round off anything below 6 to the previous number. For example, if the tenure of service is 7 years 8 months, consider it 8 months of service tenure during calculation. If your service tenure is 7 years 4 months, consider it 7 years as your service tenure.
What are the Important Gratuity Rules?
Take a look at the other gratuity rules in India mentioned below:
- General Rules
1. Gratuity Act mandates that employees qualify to receive gratuity payment after completing 5 years of service in a company
2. Employers must pay a gratuity amount to their employees on their superannuation and resignation or retirement.
3. The maximum gratuity payment that an employee can receive is ₹20,00,000. Thus, payments above ₹20,00,000 is a voluntary payment and not forced by law.
- If an Employee Do Not Complete 5 years of Service
In case of an employee's death or disability due to accidents or disease, an employer must pay his/her nominee or legal heir. It is applicable irrespective of his/her years of service in an organisation.
If a Nominee is a Minor
If the nominee is a minor, an Assistant Labour Commissioner will invest gratuity sum in a term deposit in his/her name. It is for the financial benefit of the minor till he/she becomes a major. The official deposits this amount with a nationalised bank, such as the State Bank of India.
What Are the Gratuity Payment Rules?
Here are the following gratuity payment rules in India that you need to follow:
- An eligible employee must apply for gratuity payment within 30 days from the payable date. Additionally, in case of retirement or superannuation, apply before one month to receive such payments.
- An employer cannot reject an application if it is applied after 30 days for a valid reason.
- Employers must fill in the payment date and amount payable within 15 days of receiving applications. An employer must pay gratuity amounts within 30 days of receiving applications. In case employers reject applications, they must specify the reason.
- An employer may demand evidence or a witness if a nominee or a legal heir claims gratuity. He/she will accept the claim from the date such evidence is produced before him/her.
- The modes of gratuity payment are:
- Cash,
- Cheque or Demand Draft.
Payment of Gratuity Act 1972 Rules in Case of Disputes
Employee, legal or a nominee can file a complaint to the Assistant Labour Commissioner in case of the following circumstances:
- Suppose the payable gratuity amount is less than what an employee feels eligible to receive. In that case, one can file a complaint.
- If an employer rejects an application for gratuity payment, an employee can file a complaint.
- Suppose an employee fails to pay the gratuity sum within the prescribed time limit or do not specify the payable gratuity amount to an eligible claimant. In that case, he/she can file a complaint in this regard.
What Is Forfeiture of Gratuity?
Section 4 of the Gratuity Act permits an employer to forfeit an employee from the gratuity payment for the following circumstances:
- If an employee is terminated based on negligence or wilful omission causing damage to an employer's property, he/she can forfeit the gratuity amount. The sum is forfeited based on the extent of the damage.
- An employer is eligible to deduct the entire payable gratuity amount in case an employee is terminated due to misconduct, immoral behaviour, or other violent acts.
What Are the Taxation Rules for Gratuity
Go through the following taxation rules for gratuity:
1. Government Employees – Employees working in government (central/state or local) enjoy tax exemption on gratuity.
2. Private Employees – Employees working under an employer who is covered under the Gratuity Act, the tax exemption is applicable for the least of the following:
1. ₹20,00,000
2. The Actual Gratuity Amount
3. Eligible Gratuity
Let's take a simple example for clearer understanding:
| Total Gratuity Amount | ₹12,00,000 |
|---|---|
| Eligible Gratuity Amount (as per the example mentioned above) | ₹2,59,615 |
| Maximum Tax Exemption Limit | ₹20,00,000 |
| Exemption Amount | ₹2,59,615 (least of the three) |
| Remaining Taxable Amount (based on your income tax slab) | ₹9,40,385 |
Important Guidelines to Remember While You File a Complaint
As an employee or a nominee, file a complaint if you face any circumstances mentioned above. However, do not forget to follow these points mentioned below:
- File a complaint to an Assistant Labour Commissioner within 90 days from the date the event has happened.
- An Assistant Labour Commissioner will only accept complaints after 90 days if you provide a valid reason for such delay.
- Remember to be present at the specified time and venue if you are filing a complaint. Your absence may lead to the dismissal of your complaint.
- If you have a valid reason for your absence, apply for a rehearing within 30 days.
- If your employer fails to attend the hearing on the specified date, a commissioner will proceed with the hearing.
Frequently Asked Questions
Can you nominate a nominee to receive the gratuity fund in your absence?
Yes, you can appoint a nominee by filling in Form F after joining an organisation.
Can you receive a gratuity fund if you are a contract employee in a company?
If you work as an employee in a company, you are eligible to receive a gratuity fund. If you are a contract employee, and the contract is separate from the company, the contractor is liable to pay you the gratuity and not the company.