Agm(hr),torrent Power Ltd,ahmedabad
Please clarify wgat you want to know.
16th April 2010 From India , Nagpur
It is part of domestic inquiry when employee is suspended.
After inquiry if you decide any punitive action in that case no arrears of salary is required to pay.
But after inquiry if the employee is not guilty in that case entire amount of salary is required to be paid minus subsistance allowance paid.
pl refer your standing orders what is the provision for subsistence allowance.
my advise not to dedeuct subsistence allowance from gratuity it is violation of Gratuity acr.
if any querry pl feel free to ask
25th April 2010 From India , Ahmadabad
There is no provision in the Act to make any adjustment or deduction in the quantum of payment of gratuity.
U/s 4(6) of the Act, there is however a provision for forefeiture under certain conditions.
As regards susbsitence allowance, it is the component of salary / wages payabled/ paid to an emplyee pending disciplinary proceedings or during disciplinary proceedings depending upon the Standing Orders of the Organiation and hence there is no question of deducting 'subsitence allowance' paid in lieu of 'wages' from the statutory payment of gratuity.
As a matter of clarification, the period under which an emplyees has received 'subsitence allowance' would be reckoned as 'uninterrupted service' under Section 2A of the Act for counting min. period of 'five years of continuous service' for deciding the entitlement to payment of gratuity.
High Court, Madras
1st May 2010 From India , Madras
9th June 2010 From India , Madras
15th June 2010 From India , Madras
I am working in private company from last 6.5 years . I will complete my age 58 years after two months, company is not giving Gratuity to any body. company told to one employee who has left the service after 10 years.He asked for Gratuity, but reply was.... we have paid salary we have not deducted Gratuity from your salary. It means we have paid Gratuity
now there is no question of Gratuity.Employer has not shown in CTC clculation as Gratuity deduction. Please tell me at the time of my retirement employer can say as above is it correct.
If employer said as above what type of decision I have to take? Please guide me for further action.
21st April 2014 From India,