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Registration And Compliance Under Gratuity Act, 1972

  • SureTax Fincare simplifies the process of Registration, Compliance & Management of your business, by making it more convenient than ever.
  • Completely online, Quick & Hassle free process – Our Services can be availed from any Location in India or Abroad.
  • Our team of CA-accredited professionals provide expert guidance throughout every stage of the process

Registration And Compliance Under Gratuity Act, 1972

  • SureTax Fincare simplifies the process of Registration, Compliance & Management of your business, by making it more convenient than ever.
  • Completely online, Quick & Hassle free process – Our Services can be availed from any Location in India or Abroad.
  • Our team of CA-accredited professionals provide expert guidance throughout every stage of the process

Overview

✔ A gratuity is a one-time payment made by the employer to the employee in appreciation for the services they have rendered to the company.

✔ The Act applies to establishments employing 10 or more employees, and the gratuity must be paid on the termination of employment or on superannuation.

✔ According to the act, an employee who has completed 5 years or more of continuous service with an employer is eligible for gratuity.

✔ The amount of gratuity payable is calculated based on the employee's last drawn salary and the number of years of service.

Registration & Compliance:

  • Registration:-

    Under The Payment of Gratuity Act, 1972, organizations employing 10 or more employees are required to register with the controlling authority, which is usually the Regional Provident Fund Commissioner, within 30 days of becoming liable for gratuity payment.

  • Compliance:

    Under the Gratuity Act, 1972, employers must comply with provisions such as payment of gratuity to eligible employees, maintenance of accurate records, display of notice in the premises, submission of annual returns to the controlling authority, and deduction of gratuity from salary in case of resignation or termination before completing 5 years of service.

Frequently Asked Question

An employee who has completed at least 5 years of service with the organization is eligible for gratuity under the act.
An employer must register with the controlling authority, usually the Regional Provident Fund Commissioner, within 30 days of becoming liable for gratuity payment.
The amount of gratuity payable under the act is calculated as per the provisions of the act and is based on the last drawn salary and the number of years of service completed by the employee.
Non-compliance with the provisions of the Gratuity Act, 1972, can result in penalties and fines imposed by the controlling authority.
An employer may deduct an amount equivalent to gratuity from the salary of an employee who resigns or is terminated before completing five years of service.
Gratuity is payable upon termination of employment, whether due to resignation, retirement, death, or otherwise, and is calculated based on the last drawn salary and the number of years of service completed by the employee.
As per the provisions of the Gratuity Act, 1972, the maximum amount of gratuity that can be paid to an employee is capped at Rs. 20 lakhs.
In respect of gratuity received by government employees: Entire amount of gratuity is exempt from Income Tax.
Employees who are undergoing training or apprenticeship are generally not eligible for gratuity under the Gratuity Act, 1972. The act applies to employees who have completed at least 5 years of continuous service with the organization, and employees undergoing training or apprenticeship do not usually meet this criteria.
No, in the case of death of an employee, gratuity is not calculated till retirement. It is calculated based on the completed years of service at the time of death.
Yes, any leaves, breaks, absences for any cause, etc. are considered part of continuous service.

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