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Gratuity Law Compliance

What is Gratuity?

Gratuity is a monetary benefit paid by an employer to an employee as a token of appreciation for long-term service. It is governed by the Payment of Gratuity Act, 1972.

⇒ Gratuity becomes payable  when an employee:
⇒ Resigns
⇒ Retires
⇒ Passes away or becomes disabled
⇒ Or their services are otherwise terminated

✅ Eligibility: The employee must have completed at least 5 years of continuous service with the same employer (except in case of death/disability).

How is Gratuity Calculated?

For employees covered under the Act:
• Gratuity = (15/26) × Last Drawn Salary × No. of Years of Service
• “Last Drawn Salary” = Basic + Dearness Allowance
• 26 = Working days in a month
• Fraction of a year > 6 months is counted as 1 full year

What is Gratuity Law Compliance?

Gratuity compliance ensures your company follows all legal requirements under the Gratuity Act, including:
⇒ Timely payment of gratuity to eligible employees
⇒ Maintaining proper records and service history
⇒ Filing necessary forms and notices with authorities
⇒ Registering with the appropriate controlling authority if needed
⇒ Avoiding delays, disputes, or legal claims

Employer Responsibilities
  • Issue Form F to each employee (nomination form)
  • Maintain service records and gratuity calculation sheets
  • Pay gratuity within 30 days of it becoming due
  • File Form L, Form M, and Form N (for disputed cases or payments made)
Penalties for Non-Compliance

⇒ Interest @ 10% p.a. for delayed payment
⇒ Penalty up to ₹10,000 and/or imprisonment for serious default
⇒ Legal proceedings initiated by labour authorities or employees

Why Gratuity Compliance is Important

✅ Legal Safety – Avoids penalties, legal disputes, or court cases
✅ Employee Trust – Recognizes and rewards loyalty fairly
✅ Smooth Exit Process – Avoids conflict during resignations or retirements
✅ Professional Image – Reflects a responsible and law-abiding organization

Our Gratuity Compliance Services Include:
⇒ Setting up gratuity eligibility systems
⇒ Automated gratuity calculations
⇒ Preparation of nomination forms and letters
⇒ Handling gratuity payments and documentation
⇒ Liaising with authorities in case of audits or disputes
⇒ Advisory on gratuity funding and insurance options (e.g., LIC Gratuity Fund)

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