Categories
Payroll

Gratuity Forms Payment of Gratuity (Central) Rules, 1972 : All that you Must Know

GRATUITY IS A SMALL MONETARY GIFT GIVEN IN APPRECIATION FOR GOOD SERVICE. FOR EXAMPLE : A CASH GIFT GIVEN UPON RETIREMENT.

#What is Gratuity?

Gratuity is a lump sum amount paid by the employer to the employee as a token of appreciation for the services they have provided towards the company.

Gratuity payment is retirement benefit like the provident fund or pension , intended to help them after retirement ,whether the retirement is the result of superannuation or physical disability. General principal behind gratuity is that the length of the service of the workmen is to be considered to claim a certain amount as a retrial benefit, and it is given by the employer to an employee for the services rendered by him or her during the period of employment. Gratuity act name is The Payment of Gratuity, 1972 (Rules and Act).

Gratuity Act applies to industries and organisations all over India in case employer having 10+ working employees and every employer shall be Gratuity to eligible employee as follow the rules that why it’s also called statutory compliance.

Who is eligible for gratuity?

Gratuity payment eligibility comes after the employee has completed a minimum of 5 years and Gratuity payment to employee at the time of leaving, retiring (58 years) or is dead. A person is eligible to receive gratuity only if he has completed five years of service with an organization. These five years must be continuous and there should not be any gap in the services of the employee with that company.

Employee who has completed 5 years of continuous service with a single employer is eligible for gratuity payment but this payment will be paid by employer when employee shall left the organization. Gratuity services period shall be calculate from date of Joining (DOJ) to last day of working (DOL) without reducing maternity leaves and any other loss of payment or LWP days. The following rules apply to the calculation of 5 years as continuous service:-

Years and MonthEmployer Week Days Working
4 Years and 8 months (240 Days) period shall be count as 5 Years [Case Study, judgement Copy]Where, 6 days working in a Week.
4 Years and 190 Days period shall be count as 5 Years [Case Study, judgement Copy]Where, 5 days working in a Week.
In case, the employee has completed 6 months after eligibility of gratuity then 6 months tenure would be counted as a year.FOR ALL
GRAUITY ELIGIBILITY

Change in gratuity rules According to the New Wage Code Bill 2021, employees will be entitled to gratuity even if they have been employed for just one year. However, right now, employees are getting gratuity after five years of continuous work in the same company.

WHAT IS GRATUITY IN SALARY?

Gratuity is the monetary amount which is payable to the employee of an organisation under the Payment of Gratuity Act 1972. This is mainly paid to the employee as a token of appreciation for his/her services towards the company. Gratuity payment is one of the several components that make up the gross salary of the employee.

All You Need to Know About Gratuity

However, an employee is eligible to receive the gratuity amount only after they complete a period of 5 or more years with the company. It is generally a token amount paid by the company showing gratitude towards the employee for their services towards the organisation.

How to calculate Gratuity ?

Gratuity calculation for monthly rated, piece rated and seasonal employees under Payments of Gratuity Act 1972: Payment of Gratuity is a ‘Defined benefit’ provided to an employee as a lump sum, on his retirement. To put it simply, gratuity is the money given to an employee in recognition of his services as a parting gift. The provisions of payment of gratuity are governed by the Payment of Gratuity Act 1972. The maximum amount of gratuity that can be paid to an employee is Rs 20 lakh. The employer can, however, pay more gratuity than the prescribed ceiling. The payment of gratuity is made either to the employee at the time of his retirement, or termination or to the legal heir in case of death of the employee.

TAXATION RULES ON GRATUITY

The taxation rules on gratuity depend on the type of employee who is receiving the gratuity.

1. The amount of gratuity received by a government employee is exempt from the income tax.

2. Any eligible private employee of an employer who is covered under the gratuity act gets tax exemption on a certain amount of salary.

  • ₹20 lakh
  • The eligibility criteria
  • The actual amount of gratuity received

FORFEITURE IN GRATUITY – The employer is allowed to forfeit the grauity in case following offence is committed during the employment:-

His/ Her lawless act.

Violent behavior

Any disorderly conduct.

Any offense involving moral turpitude.

The Payment of Gratuity Act 1972 doesn’t apply to central or state government employees and other employees covered by any other act for Gratuity payment. The “Employee” under the Payment of Gratuity Act 1972 means any person employed on wages for doing any type of work, including those hired in the managerial or administrative capacity. The key consideration for gratuity payment is that the person should be employed on wages. Those employed as apprentices are not eligible for gratuity.

#Gratuity calculation formulas

Gratuity payment always calculate for year(s) NOT FOR MONTHS AND DAYS and Gratuity will be calculate on last month’s salary. Last month salary means, Last month Basic Salary + DA. It also called Gratuity Salary or Gratuity Wage.

Gratuity Calculation Formulas = Last Drawn Monthly Salary / 26 x 15 x Number of years of service completed.

1 Year Gratuity amount equal to 15 days monthly Basic Salary means. Calultion

The gratuity under the Payment of Gratuity Act, 1972 is calculated as 15 days’ wages for every completed year of continuous service, based on the last drawn salary. Thus, the gratuity calculator formula as percentage of salary works out to be:

Total Gratuity Payable = (Last Drawn Monthly Salary) x (15/26) x (Number of years of service completed).

For example, if you joined service in 2013 and resigned in 2018 with a monthly salary of Rs. 50,000 (in 2015), your gratuity will be calculated as follows: – (15/26* Rs. 50,000)*5 = Rs. 1,44,230.

Note: Although there are 30/31 days in most months of the year, the number of days in a typical work month specified under the Payment of Gratuity Act, 1972 is 26 days. Thus, 26 days is used in the formula for calculating gratuity

Maximum limit of the gratuity payment is 20 lacs (2000000). This limit for an Employer as per Gratuity Act. Same time, Gratuity payment is non taxable income in hand of employee and tax free gratuity payment limit is also 20 lacs (2000000) but this limit for overall period of employments in Private Sector.

GRATUITY FORMS

Payment of Gratuity (Central) Rules, 1972
1.Form A Rule 3(1) : Notice of opening
2.Form B Rule 3(2): Notice of change
3.Form C Rule 3(3) : Notice of closure
4.Form D Rule 5(1) : Notice for excluding husband from family
5.Form E Rule 5(2) : Notice of withdrawal of notice for excluding husband from family
6.Form F Rule 6(1) : Nomination
7.Form G Rule 6(3) : Fresh Nomination
8.Form H Rule 6(4) : Modification of nomination
9.Form I Rule 7(1) : Application of Gratuity by an Employee
10.Form J Rule 7(2) : Application for gratuity by a Nominee.
11.Form K Rule 7(3) : Application for gratuity by a Legal Heir.
12.Form L Rule 8(1)(i) : Notice for payment of gratuity
13.Form M Rule 8(1)(ii) : Notice rejecting claim for payment of gratuity
14.Form N Rule 10(1) : Application for direction to controlling Authority.
15.Form O Rule 11(1) : Notice for appearance before the Controlling Authority
16.Form P Rule 14 : Summons to appear before Controlling Authority.
17.Form Q Rule 16(1) : Particulars of application under Section 16
18.Form R Rule 17 : Notice for Payment of Gratuity
19.Form S Rule 18(8) : Notice for payment of gratuity as determined by Appellate Authority
20.Form T Rule 19 : Application for recovery of gratuity
21.Form U Rule 20 : Abstract of the Act and Rules
GRATUITY FORMS,

FAQs on Gratuity Payments
Ques: When can an employee ask for gratuity?
Ans: An employee can ask his/her employer for the payment of gratuity upon completion of 5 continuous years of service.

Ques: Which salary is considered while calculating gratuity?
Ans: While calculating gratuity, the last drawn salary of the employee is taken into consideration.

Ques: How much amount of gratuity is free from tax liabilities?
Ans: During the entire working career of an employee, the maximum that is exempt from any tax deductions is Rs.20 Lakh

Ques: What is the formula for calculating gratuity?
ns: Gratuity can be calculated using the formula- (15 * last drawn monthly salary * tenure of working) divided by 26; where 26 is taken as the number of working days per month.

Ques: How much percentage of gratuity will I receive monthly?
Ans: An employee can receive a maximum of 57.69% of the monthly salary as gratuity. To know the exact amount of gratuity, you can use the Gratuity calculator.

Ques: Can an employer give excess gratuity to the employee?
Ans: Yes, an employer can give excess gratuity to an employee. However, this excess amount will be a part of the employee’s taxable income.

Thanks for Reading.

Rupa Banerjee – Payroll Editor

Email: rupabanerjee70@gmail .com

Categories
Payroll

Payroll calculation in India , Salary break up and Deduction.

alt=""

Payroll can be defined as the process of paying a companys” employees.

It includes collecting the list of employees to be paid, tracking the hours worked, calculating the employees pay, distributing the salary on time, and recording the payroll expense.

In order to get this done , there is tons of background work involved because payroll is more than just about calculating paychecks .It is an intricate set of process which requires different teams to work in tandem, But all this complexities can be managed effortlessly by the standardization of processes, selecting the right service delivery model, and using modern technology to manage payroll operation.

Steps involved in completing to payroll.

  1. Onboarding employees to payroll.
  2. Defining your organizations pay policy.
  3. Creating your salary components for all compensation structure.
  4. Collect payroll input from employees and dependent items.
  5. Compute the salary to be paid for all employees.
  6. Distribute authentic payslips, and tax worksheets.
  7. Compile tax reports.
  8. Complete tax filing for all the statutories (PF,LWF,ESI,TDS)

3 STAGES TO RUN INDIAN PAYROLL

Stages to process Payroll in India

Stages of Payroll

Leave and attendance data : To accurately process payroll , one of the most important activities in payroll is calculating the time that an employee has invested in a given pay period. Attendance data is the key input for processing payroll as almost all the other calculation based on it. Any error at this step will inveriably lead to wrong calculation of employee”s compensation, causing employees dissatisfaction. For the HR departments too, it is a time consuming activity. Along with attandance , it is also important to track whether the employee is spending the stipulated amount of time at work.

Data requirements to run a payroll

person holding fan of 100 us dollar bill
PAYMENTS AND DEDUCTIONS

Payments and deductions:

One more set of most crucial data to be collected as part of pre payroll is the information regarding payments and deductions to be made to employees. Payments and deductions data for the specified period helps how much to be paid as salary to a particular employee.

Income tax information: According to section 192 of Income Tax Act , the employer is responsible for deducting income tax (tax deducted at source) while paying salaries to the employees. This deduction is based on the estimate of the income that will be earned in the particular financial year and the applicable tax rate.

As most employee make investment to save tax , organization ask their employees to declare their investments at the start of the financial year. Based on this declaration of tax saving investments, the organization calculates the taxable income and the projected tax , which the employee is liable to pay the financial year. This tax then deducted on monthly basis as tax deduction at source.(TDS).

New joinees

Anew joinee needs to be added with all data records (such as PAN NO,Address information,dependent information),salary structure and benefit deductions.To allow accurate calculation of taxex , you also need to capture prior salary informatio through Form 12B.

To allow that payroll calculations for new joinees is accurate and does not disrupt the process for all other employees , identify a cut off date, post which you will not include the new joinee in the current months” payroll.

Data validation before actual payroll process :

Data validation is the most foremost step of pre- payroll ,which cannot be avoided regardless of any cost. The collected data is checked for accuracy and correctness before using it in the actual payroll process. It is important to confirm that the background work done so far as part of pre payroll is error free to ensure that the sub sequent activities of payroll run smoothly. Inaccurate data can menance the entire payroll process.

Exits:

Many companies stop the payroll run for employees who have handed in their resignations .This is tricky – especially in cases where employees just stop coming to work post the pay period end date. (eg. absconding employees ).But can be achieved if we saparate the payroll processing and disburse processes.

Validation is a proactive step in the sense that it eliminates the risk of committing mistakes in payroll and the consequences faced while retifying them later.

Arrears:

An employee’s salary may have changed in a prior period because there was a delay in the performance increment cycle .

The salary changrs will need to be paid restrospectively and this calculation is called Attear calculation. The calculation will include additional income, increased tax and deductions.

Let us now discuss common salary components:

Basic salary

Basic salary is the base income of an individual. It is a fixed part of one’s compensation package.

A basic salary depends on the employee’s designation and also the industry in which the employee works.

Gross salary

Gross salary is the amount calculated by adding up one’s basic salary and allowances, before deduction of taxes and other deductions. It includes bonuses, over-time pay, holiday pay, and other differentials.

Gross Salary = Basic Salary + HRA + Other Allowances

Net salary or take-home salary

Net salary or take-home salary is obtained after deducting income tax at source (TDS) and other deductions as per the relevant company policy.

Net Salary = Basic Salary + HRA + Allowances – Income Tax – Employer’s Provident Fund – Professional Tax

Basic salary

Basic salary is the base income of an individual. It is a fixed part of one’s compensation package.

A basic salary depends on the employee’s designation and also the industry in which the employee works.

Gross salary

Gross salary is the amount calculated by adding up one’s basic salary and allowances, before deduction of taxes and other deductions. It includes bonuses, over-time pay, holiday pay, and other differentials.

Gross Salary = Basic Salary + HRA + Other Allowances

Net salary or take-home salary

Net salary or take-home salary is obtained after deducting income tax at source (TDS) and other deductions as per the relevant company policy.

Net Salary = Basic Salary + HRA + Allowances – Income Tax – Employer’s Provident Fund – Professional Tax

Allowances

An allowance is an amount received by the employee for meeting service requirements. Allowances are provided in addition to the basic salary and vary from company to company. Some common types of allowances are discussed below:

  • HRA or House Rent Allowance: It is an amount paid out to employees by companies for expenses related to rented accommodation.
  • Leave Travel Allowance (LTA): LTA is the amount provided by the company to cover domestic travel expenses of an employee. It does not include the expenses for food, accommodation, etc. during the travel.
  • Conveyance Allowance: This allowance is provided to employees to meet travel expenses from residence to work.
  • Dearness Allowance: DA is a living allowance paid to employees to tackle the effects of inflation. It is applicable to government employees, public sector employees, and pensioners only.
  • Other such allowances are the special allowance, medical allowance, incentives, etc.

Reimbursements

DEDUCTIONS

This is where real work towards reaching the net compensation of employees happens, in the way of finishning the pre-payroll activities .This is the time when accumulated payroll data ( Leave & Attendance data , shift wise calculations, Tax and Deductions ,Expenses, Incentives) during pre-payroll should run.

Structuring salaries in an inevitable task for every HR and Payroll professional . Despite the importance of the activity , professional are often uninformed of the technical and best practices of a drafting a complete and efficient salary structure.

Through this article we will look atvthe various components of a salary, what they mean and how you can use them effectively.

components:

BASIC FULLY TAXABLE.

DA FULLY TAXABLE.

MEDICAL FULLY TAXABLE

CONVEYANCE FULLY TAXABLE.

HRA MINIMUM OF THE FOLLOWING.

1) ACTUAL HRA RECEIVED.

2)RENT (-) 10% OF BASIC.

3) 40% OR 50% OF BASIC( IN METRO 50%,OTHERWISE 40%)

LTA As per actuals of the fare expenses.

SPECIAL ALLOWANCE FULLY TAXABLE.

Children Education Allowance rs 100 monthly for each child upto 2 children.

DEDUCTIONS.

PROVIDENT FUND EMPLOYEE AND EMPOYER BOTH DEDUCT12% OF BASIC.

ESIC EMPLOYER CONTRIBUTION 3.25%, EMPLOYEE CONTRIBUTION 0.75%.

PROFESSIONAL TAX VARIES FROM STATE TO STATE.

LABOUR WELFARE FUND VARIES FROM STATE TO STATE.

Deductions

Deductions are part of the salary that are the part of the CTC but are deducted from the in-hand salarythat employees receive.Let”s take a deeper look at some of the most common salary deductions and what they mean.

  1. Provident Fund(PF)- is calculated 12% of basic +DA+special allowance .The employer and the employee both make an equal contribution of 12% eac h. This is applicable to companies who have 20 or more employees on their payroll.
  2. Employees state insurance corporation(ESIC)- Deductions towards ESIC are mandatory for employees whose gross salary is not more than 21000.It is only applicable on the companies where 20 or more employees within the 21000 gross salary bracket. Employee have to make a contribution of 0.75% and employer 3.75%.
  3. Professional tax – Professional tax is a tax levied by Government of certain state on salaried employees. The states where professional tax is applicable are Karnataka ,Bihar, West bengal , Andhra pradesh, Telengana,Maharastra,Tamil nadu, Gujarat, Assam, Chhattisgarh, Kerala, Meghalaya, Odisha, Tripura, Madhya pradesh , and Sikkim . The contribution amount varies from state to state where they are applicable.
  4. Labour welfare fund:_ Labour welfare fund , as the name suggest , is a contribution made by salaried employees for the benefit of labour class. This contribution is applicable in the state of Karnataka, West bengal, Maharastra , Andhra pradesh, Kerala, Goa, Delhi, Punjab, and Haryana, Madhya pradesh. The contribution amount varies from state to state and relatively small. The employer and the employee both make the contribution and employer pays approximately twice the employee contribution. Like professional tax labor welfare fund contribution also varies from state to state.
  5.  Once, you run the complete payroll process, manually or through any system, your senior authorities as per your company culture, may ask you for the reports such as department wise employee cost, location wise employee cost, etc. As a payroll officer, it becomes your responsibility to dig into the data and extract the required information and share the reports. These reports are automatically created by the professional payroll software whereas; some organizations invest a lot of time in creating those reports manually.

Thanks for Reading.

Rupa Banerjee – Payroll Editor