A person has worked for ten years and seven months in a perennial organisation covered under the pay...........

Industrial Relation and labour law Labour Laws -II

A person has worked for ten years and seven months in a perennial organisation covered under the payment of gratuity act, 1972. Which of the following will be paid to him as gratuity on the termination of his services?

150 days

165 days

159 days

none of the above

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Explanation:

165 days.

Under Section 4, payment of gratuity is mandatory. Gratuity shall be payable to an employee on termination of employment after he has rendered continuous service for not less than 5 years in a single organisation. The termination can be due to: Superannuation, Retirement or resignation, and Death or disablement due to accident or disease. As per Section 4(1), the completion of continuous service of 5 years is not required where termination of employment is due to death or disablement. In such case mandatory gratuity is payable. Gratuity is paid at a rate of 15 days' wages for every completed year of service or part thereof in excess of six months. The wages here means wages last drawn by the employee. The "15 days' wages" will be calculated by dividing the last drawn wages by 26 and multiplying the result with 15. But under Section 4(3), the maximum gratuity that is payable is fixed at ?20,00,000. The gratuity amount will be taxable if it is more than ?20,00,000.