The Payment of Gratuity Act of 1972 defines gratuity as the amount of money an employee receives from his employer. This is all you need to know about the regulations governing gratuities in 2023. An employer gives an employee a gratuity as a thank you for his or her work for the company. The regulations governing gratuities are one of the many factors that make up an employee’s gross salary. However, an employee is not eligible for gratuity payments until they have worked for the company for five years.
The 1972 Payment of Gratuity Act states that:
Every year of service, an employee is entitled to 15 days of pay as a gratuity. The company will have to pay an amount equal to 15 days’ worth of the employee’s previous salary as part of the gratuity for each year of service. In this context, salary is the sum of the basic wages and the dearness allowance. Additionally, a worker who receives up to Rs. On the portion of the gratuity that he receives, 20 lakhs is exempt from paying any taxes. Furthermore, this law only applies to businesses with at least ten employees.
In accordance with the Four Labour Code, the Ministry of Labour and Employment has finalized the new gratuity payment regulations for 2022. On April 1, 2021, the brand-new occupational law is scheduled to take effect. After the new occupational law is implemented, experts claim that businesses will be required to alter allowances and their cost to the company (CTC). Basic pay for employees must amount to at least 50% of their salary. Employers may be required to restructure the employee’s salary structure in order to comply with the new regulations under the four labor codes in situations where the basic pay of the employee is less than 50%. An employee’s gratuity will automatically rise in proportion to an increase in their basic pay.
Bonuses, pension contributions, contributions to a provident fund, house rent allowances, conveyance allowances, gratuities, and overtime should not be included in salaries in accordance with the new definition. Many experts believe that the new occupational law will significantly alter the structure of salaries. While employees’ take-home pay will decrease, social security and provident fund deductions will rise.
Click here to know about: How to calculate gratuity for government employees?
Important Guidelines for Gratuity Payment
Employers are obligated to adhere to a number of guidelines regarding gratuity payments. These guidelines regarding gratuity payments include the following:
The first rule regarding gratuity payments states that an organization cannot make gratuity payments unless it has employed ten or more workers in the preceding calendar year. However, in accordance with the Gratuity Act, it will also be required to pay gratuities if the number of employees falls below 10.
To be eligible for gratuity payment, an employee must have worked for the company for five years. However, in the event of an employee’s death or disability, this gratuity payment rule does not apply.
Gratuity payments can be made when an employee retires, dies, resigns, is terminated from employment, becomes disabled as a result of a disease or accident, is laid off as a result of retrenchment, or chooses VRS, according to the regulations governing gratuity payments.
Last but not least, the calculation of gratuity payments in India is based on an employee’s last withdrawn salary and the number of years he has worked for the company.
Different Forms of Gratuity
There are a variety of gratuity payment forms that serve various purposes. Some examples of these forms are:
Form I: Application for gratuity payment
Form J: application for the nominee’s gratuity payment
Form K: Application for the Legal Heir’s Gratuity
Formulary G for the nomination application
And many more.
In conclusion, new guidelines for gratuity have been developed recently. The regulatory framework governing the receipt of gratuities will undergo some modifications in 2022. In order to stay up to date, retirees are urged to visit government websites.