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HR Zone » Best HR Practices » Who to learn statutory compliences

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Who to learn statutory compliences
Dharni
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Posted 11-04-2009Reply

I want to learn and pratice for Statutory compliences .

From where to learn? Is any course is available for that??

Pramod
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  Rated 0 | Posted 16-04-2009

Actually Statutory compliance is very wide subject, let me know what exactly u want to know.

regds
pramod

Dharni
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  Rated 0 | Posted 16-04-2009

Hello .i wld like o learn Bonus,PF,Gratuty, even i want to knw abt Maternity benifits ,bombay shop n establisment .......

Ruchi
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  Rated +2 | Posted 16-04-2009

Hi Dharni

Please find gratuity policy written below:-

GRATUITY POLICY
Gratuity in earlier days was rather arbitrary and completely hostage to the whims of the employer. A wealthy, well-established employer would reward his dedicated employees and the not so rich would refuse such generosities. This led to a lot of discord and finally the government stepped in, passing the Payment of Gratuity Act, 1972, making it mandatory for all employers with more than 10 employees to give them gratuity.
Employees, as defined here, are the ones hired on company payrolls. Trainees are not eligible and gratuity is paid on the basis of the employee's basic plus dearness allowance if any.
How much can you get?
You become entitled to a gratuity on resignation or on retirement after five years or more of service. As per the Act, the gratuity amount is 15 days' wages multiplied by the number of years put in by you. Here wage means your basic plus dearness allowance. Take the monthly salary drawn by you last (basic plus dearness allowance) on resignation or retirement and divide it by 26, assuming there are four Sundays in a month. This is your daily salary. Multiply this amount by 15 days and further with the number of years you have put into service.
For instance, if your average monthly salary is Rs 50,000, the gratuity payable to you after 10 years of service would be Rs 290,000. However your employer factors in another term: 'uninterrupted service'. The term covers the service period of the employee including leaves or breaks, except periods notified as breaks in service by the employer.
For employees who do not fall under the Gratuity Act, the amount due for them is half of the average ten months' salary multiplied by the number of years of service.
Tax treatment
As per the formula under the Act, gratuity up to Rs 350,000 is exempt from taxes. In the above example, the entire money is tax-free. However, for government employees any amount is non-taxable.
Your employer could choose voluntarily to pay you more gratuity; but any extra benefit that he pays, not coming under the formula, will be taxable. For instance, in the above example, if the employer pays you Rs 350,000, the entire money is not tax exempt; only the Rs 290,000 due under the formula is.
In case of death of the employee, the heir is entitled to the gratuity immediately and the entire amount is tax-exempt. However, if death occurs after the gratuity is due then any amount above Rs 350,000 is taxable.
The employer could also offer you an extra gratuity by deducting a portion of your salary as the cost to the company. At the time of joining the organization, ask your employer for all the details concerning gratuity and how to calculate it.
To meet its liabilities towards gratuity, a company either funds the money from its own pocket, or opens a trust and puts in money for the gratuity fund. This fund is then managed either by an insurer or an actuarial company.
last drawn monthly salary as on date is taken into account
# if total period served with the current employer is less than 5 years no gratuity is payable to any individual
# for calculation of gratuity period served at a stretch with one employer is counted
# salary includes only basic pay and dearness allowance
# seasonal establishments are not covered in this calculator
# salary remains same for the last ten month
# only commission on salary paid on turnover basis is included
Note
Gratuity is a lump sum amount that your employer pays you when you retire or resign from the organization. An Employee does not contribute any portion of his salary towards this amount.
Gratuity is paid out at the time of superannuation (if you retire at the age of 58), when you retire (at any other age) or resignation, and in the event of your death or being rendered disable because of an accident or illness. You need to have at least five full years of service with an employer to qualify for gratuity. This rule is relaxed in the last instance. In the event of your death, the gratuity will be paid to your nominee.
CASE-1 You are covered Under the Payment of Gratuity Act, 1971:
Gratuity shall be calculated as per the below formula:
Gratuity = Last drawn salary x 15/26 x No. of years of service
Your last drawn salary will comprise your basic + DA. For computation of gratuity, your service period will be rounded off to the nearest full year.
CASE-2 You are not covered Under Payment of Gratuity Act, 1971
Gratuity shall be calculated as per the below formula
Gratuity = Last drawn salary x ½ x No. of years of service
Your last drawn salary will comprise your basic + DA+ commission on sales on turnover basis. For computation of gratuity, your service period will not be rounded off to the nearest full year. While calculating completed years, any fraction of the year will be ignored. For instance, if the employee has a total service of 20 years, 10 months and 25 days, only 20 years will be factored into the calculation.
GRATUITY EXEMPTION:
 Death-cum-retirement gratuity received by employees of central or state governments and local authorities is exempt without limit.
 Gratuity received under the Payment of Gratuity Act, 1971 is exempt to the extent that it does not exceed 15 days' salary for every completed year of service calculated on the last drawn salary subject to a maximum of Rs 3.5 lakh.
 Any other gratuity is exempt to the extent that it does not exceed one half-month salary’s for each year of completed service calculated on the basis of average salary for 10 immediately preceding months subject to a maximum of Rs 3.5 lakh.
The ceiling of Rs 3.5 lakh applies to the aggregate of gratuity received from one or more employers in the same or different years.

Ruchi
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  Rated 0 | Posted 16-04-2009

EPF

12% on Basic + Wages + Stipend + Arrears
Condition: If Basic salary at the Date of joining is above 6,500 then
It is optional to Employee for PF Deduction. Else
If Basic salary at the Date of joining is below 6,500 then
PF Deduction is compulsory
Companies Contribution: 12% on Basic + Wages + Stipend + Arrears

Sudarshan
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  Rated 0 | Posted 16-04-2009

EPF



12% on Basic + Wages + Stipend + Arrears

Condition: If Basic salary at th... See Ruchi's complete reply


Hi Ruchi,

Gud piece of info...Hope its useful to all concerned...

Sudarshan

Dharni
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158 Posts
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  Rated 0 | Posted 17-04-2009

Hi Ruchi,

Thanks a lot for the information ..its really useful ..thank you so much

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