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. . * 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.

FAQ 1: Can an employee claim Gratuity even before completion of 5 years?
Yes, An employee can claim gratuity even before completion of 5 years in followings cases: * Death (to his nominees) * Disablement But the quantum of gratuity will be as per act. FAQ 2: Can employer forfeit Gratuity, even if employee has completed 5 years?
Yes, employer can forfeit gratuity even if employee has completed 5 years in following cases: * 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 * If the service of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.

Please note that above act should have been committed by employee during his employment. There should be a proper enquiry held after which employee was found guilty for aforesaid act or misconduct. Once proved guilty, employer should issue termination note to employee describing about his misconduct. FAQ 3: