Nick Social Information: 2013

Thursday, December 19, 2013

23 facts one should know about Gratuity Act in India!!

Some Basics about Gratuity:

Gratuity Act is applicable to all establishments, where number of employees, are 10 or more in any day of the preceding 12 months. .

Charitable institutes and hospital are also covered under the act.

It includes both commercial and non commercial establishment like educational institutes etc.

Only Basic and Dearness allowance should be considered as wages for the purpose of Gratuity.

Gratuity payment formula:

Example: If an employee leave company after 10 years and his last Basic + Dearness allowance is 10000 then his gratuity will be paid as per following formula.
(10000/26)*15* 10
Please note that above formula will remain same irrespective of employee working in 5 days a week establishment.

FAQ 1: Can an employee claim Gratuity even before completion of 5 years?Yes, An employee can claim gratuity even before completion of 5 years in followings cases:

Death (to his nominees)

Disablement

But the quantum of gratuity will be as per act.

FAQ 2: Can employer forfeit Gratuity, even if employee has completed 5 years?
Yes, employer can forfeit gratuity even if employee has completed 5 years in following cases:

If the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or

If the service of such employee have been terminated for any act which constitutes an offense involving moral turpitude, provided that such offense is committed by him in the course of his employment.

Please note that above act should have been committed by employee during his employment. There should be a proper enquiry held after which employee was found guilty for aforesaid act or misconduct. Once proved guilty, employer should issue termination note to employee describing about his misconduct.

FAQ 3: Gratuity Payment when employee has completed 4 year and 240 days in 5^th year?
This is one the most frequently asked question and there are various views available on it.
In one of the case, Madars High Court has held that an employee who has completed 4 years and 240 working days in 5^th year will be entitled for gratuity i.e. 4 years 10 months and 11 day.
Although, there is no amendment made in the gratuity act, hence the confusion. If you ask me i will take it as, if your establishment is in Madaras then 240 working days in 5^th years will be considered else you can only claim when you complete 5 years.

FAQ 4: Gratuity payment in case employee has worked for more than 5 years with same employer but in different establishment?
Let’s take an example, that if an employee has worked in a company ABC for 3 years and due to some reason, he has been moved to company XYZ under same management. Employee got his Full and Final from ABC Company but not the gratuity amount as he has not completed 5 years there. He has spend another 2.5 years in company XYZ and resigned. At the time of his Full and final, will he be eligible for gratuity?
Answer is yes as both the companies are under same management and employee has completed 5.5 years to gather in both companies.

FAQ 5: Do company need to take insurance policy against LIC? Is it mandatory?
Gratuity payment is responsibility of employer. Nowhere in act, it is mentioned that employer need to take any sort of insurance policy for gratuity payment. Hence it is up to employer whether they want to take insurance policy to cover its gratuity liability.
There are various benefits of taking insurance policy for insurance company to cover gratuity liability, let’s say LIC:

Employer ensure that its liability is taken care by giving regular premium to LIC

Employer get tax rebate against that payment.

LIC also do life insurance for each employee hence in case of employee’s death, employee family get sum insured amount apart from gratuity.

FAQ 6: How much gratuity amount is exempted from income tax?
Upto Rs 10 Lacs.

FAQ 7: Can a company refuse to pay gratuity due to financial Loss to employees?
No, even if company is not doing financial well, company is bound to pay gratuity amount.
Company should ensure that it pays gratuity within 30 days from the date when gratuity become payable to an employee. Also it is responsibility of employer to notify employee about his gratuity payment even if employee do not apply for same. It is employer duty to pay the gratuity.

FAQ 8: Will an employee resigning from service or retrenched by employer will be eligible for Gratuity?
Yes, if they are satisfying the criteria of completion of 5 years. In case of employee who has been retrenched after 5 years of continuous service will get both gratuity and retrenchment benefits.

FAQ 9: Gratuity in case of contractual employee. Who will be responsible to pay gratuity?
In case of contractual employee, contractor is liable to pay gratuity but if contractor do not pay gratuity to employee then principal employer can be directed to pay the gratuity amount.

FAQ 10: Will trainee be entitled for Gratuity after completion of 5 years?
Yes. But employees who are hired for some temporary work should not be considered under gratuity act.

FAQ 11: Company making gratuity as part of CTC is correct?
This is another most debatable topic. Basically CTC stands for, cost to company and every company takes it different way. Hence, it is up to company whether they want to make it part of employee CTC or not.
There are two views:
One, employee become eligible for gratuity only after completion of 5 years so how come company can make it part of employee CTC and what if employee do not complete 5 years and leave the company before.
Second, as it is liability of employer to pay gratuity to employee in two cases: 1) when employee competes 5 years and 2) in case of death and disablement irrespective of completion of 5 years hence employee should make it part of CTC especially when employer has taken insurance policy to cover gratuity liability.

FAQ 12: What is the ceiling of gratuity amount payment?
It is Rs 10 L. In case an employee gratuity amount is more than 10 L then company is bound to pay max 10 L. In case company want to pay more than 10 L then company can pay it as performance bonus or ex gratia.

FAQ 13: How to treat number of months for the purpose of gratuity calculation after completion of 5 years?
For example, if an employee has worked for 5 years and 7 months then for the purpose of gratuity payment, 7 months will be rounded off to an year and he will get gratuity for 6 years but in case employee has worked for 5 years and 5 months then he will be eligible for 5 years gratuity payment only.

FAQ 14: What is the procedure to be followed in case an employer is not paying gratuity to employee or terminating employee services intentionally for purpose of non payment of gratuity.
I would suggest, that employee in such cases should send a letter to employer through registered post mentioning about his employment with organization and asking for gratuity amount. In case, there is no reply from employee then another letter through registered post should be sent where employee should given reference of first letter and ask for reply. Employee should also mention that in case employer do not reply then in that case employee is left with only one option- approaching labour court.
Employee should keep copy of correspondence with employer. I am sure that in many cases, you will receive reply or your gratuity amount from employer. But, in case there is no action taken by employer then you should approach competent authority of their region to file a case.

FAQ 15: Gratuity is part of my CTC. I have left company before completing 5 years. Can I claim my gratuity as it was mentioned in my CTC.
Gratuity is payable only when an employee completes 5 years of continuous service. If an employee leaves company before 5 years then employee is not eligible for gratuity irrespective whether same was part of employee CTC or not.

FAQ 16: I have resigned on 1st Jan 13 and will leave by 30th Jan 13. I will complete 5 years by 20th Jan 13. Will I be eligible for gratuity as I am under notice period? Is it related to my resignation anyways?
To calculate number of years employment, employee’s date of joining and date of leaving is considered and it has nothing to do with date of resignation. In above case, employee will be eligible for gratuity as employee will leave after completing 5 years.

FAQ 17: One of my friend was working with XYZ company on probation period for 1 year and after completion of probation period he got confirmation letter from Management. His total tenure of service was 5 years 3 months (Including Probation Tenure). In view of above scenario, I would like to know about whether he is eligible for Gratuity? Should we consider Probation period/ training period etc. for completion of 5 years of service while computing Gratuity Payment to the concerned employee?
Probation period is considered while calculating eligibility for gratuity.

FAQ 18: Can an employee claim gratuity after completion of 5 years without leaving the organization?
Gratuity can only be claimed once an employee leaves the organization and not in between.

FAQ 19: After an employee leaves organization, in how many days a company should pay his gratuity amount?
Max within 30 days.

FAQ 20: If an employee left us after 5 years without claiming gratuity as part of exit ( I read in gratuity act that he has to make a written request), completed all exit formalities and left. Can he come back and claim gratuity after 3 or 4 years. Is there a time period when he should make the request. What is the liability of the company in such cases?
Gratuity payment is employer liability hence employer need to ensure make payment along with Full and final of employee irrespective whether employee claims it or not. Employee can claim Gratuity any time after exit. This has been the result from many high courts’ verdict on the issue.

FAQ 21: A person worked for ABC company in India. He was sponsored by xyz company in USA on H1 (local work visa) and went to USA for 6 months and was paid by XYZ company in USA. No payroll was run for him in India during that time and hence has a break in payroll in India. Employee returned back to India due to personal reasons and joined back in ABC company. ABC and XYZ companies have two directors in common. So do we need to consider this as continuous employment and pay him gratuity? He signed different agreements with ABC and XYZ companies as per local laws.
Only because the directors of both company is same does not establish relationship with respect to continuous employment especially when employee had different agreement with ABC and XYZ company. Hence as per my opinion, it should not be considered as continuous employment hence gratuity is not applicable.
In case company ABC has given transfer letter to you to work in XYZ company then you can claim gratuity.

FAQ 22: I worked in company ABC for 3 years and then company name changed to XYZ where I have continued and worked for 4 years. We did not have to resign from company ABC and nor did we have to join in company XYZ. There was no new joining letter, no new terms and conditions. Company management also remained same. Salary account created by the company ABC also remained the same.Now after my resignation, the company has not paid my gratuity even after one month. For claiming gratuity in form ‘I’, shall I write the employer name as Company ‘XYZ’ or ‘ABC’ or ‘XYZ (earlier ABC)’.
Company has to pay you your gratuity amount as you are very well eligible for gratuity. Your total tenure is 7 years. You can write to company through registered with AD asking to pay your gratuity amount. In case company do not revert to your letter then you can approach labour office and file your claim.

FAQ 23 : I have worked with a company called “X Pvt Ltd” registered in India for 7yrs and now I’m moving to our USA office (same company registered as “X Inc” in USA). I’ll be a permanent employee in USA from now and on US payroll. I’m no longer an employee of company X registered in India. Am I eligible for gratuity now?
Yes, As you have complete more than 5 years in India, you can claim your gratuity now.

British Rail

A few years ago, British Rail had a real fall-off in business. Looking for marketing answers, they went searching for a new ad agency—one that could deliver an ad campaign that would bring their customers back.

When the British Rail executives went to the offices of a prominent London ad agency to discuss their needs, they were met by a very rude receptionist, who insisted that they wait.

Finally, an unkempt person led them to a conference room—a dirty, scruffy room cluttered with plates of stale food. The executives were again, left to wait. A few agency people drifted in and out of the room, basically ignoring the executives who grew impatient by the minute. When the executives  tried to ask what was going on, the agency people brushed them off and went about their work.

Eventually, the executives had enough. As they angrily started to get up, completely disgusted with the way they'd been treated, one of the agency people finally showed up.

"Gentlemen," he said, "your treatment here at our Agency is not typical of how we treat our clients—in fact, we've gone out of our way to stage this meeting for you. We've behaved this way to point out to you what it's like to be a customer of British Rail. Your real problem at British Rail isn't your advertising, it's your people. We suggest you let us address your employee attitude problem before we attempt to change your advertising."

The British Rail executives were shocked—but the agency got the account!

The moral of the story: The agency had the remarkable conviction to point out the problem because it knew exactly what needed to be changed. It is always better to call a spade – a spade than beat around the bush! This is also a true representation of the working of many government organisations in many countries.

Systems are important but it is only the people who are the face of any company!

Monday, September 9, 2013

17 interesting Facts about PF (Provident Fund) act in India!!

17 interesting Facts about PF (Provident Fund) act in India!!

1 : Do employee joining a new company should be made member of PF, if he exceeds PF prescribed limit i.e. Rs 6500/-?

This is most frequently asked question regarding PF. It actually depends upon some facts.

Below are some cases and action which should be taken:

Case 1: Employee was not the member of PF in previous company—In this case you can exclude him from PF eligibility, provided his Basic +DA is more than prescribed limit of Rs 6500/- in your organization. In case employee still wants to be member of PF and both employee and employer agree then employee can also be made member of PF.

Case 2: Employee was member of PF in earlier company—In this case, you cannot exclude him from PF.

Case 3: Employee is fresher: In this case as there is not previous employer hence he was not member of PF ever, he can be excluded from PF.

Please note:

You need to get Form 11 signed from employee, in which employee will give declaration about his membership in PF in previous company.
Also company should have a policy in place to support above mentioned actions.

2: Do we need to continue PF membership of employee whose wages become more than 6500/- after increment?

An employee who is member of PF as his wage (Basic+DA) is less than or equal to 6500 get increment and now his revised wage is more than 6500, in that case, employee cannot be excluded from PF as he is already a member of PF. Hence he will continue to be member of PF.His PF contribution can be limited to 6500 provided company policy allows that.

3: Can an employer reduce wages of an employee, in relation to PF contribution?

As per PF Section 12, an employer cannot do so. But in case, employer is currently deducting PF on higher than prescribe limit of Rs 6500/- and depositing the same to RPFC, in that case, employer can reduce and limit it to Rs 6500/-.

4: In my company, numbers of employees are less than 20. Can we also take volunteer PF Code and start contribution?

Yes. A company can apply for PF code even if the numbers of employees are less than 20. On reaching 20 or more, it is compulsory to take PF Code.

5: There is some ambiguity whether to deduct PF on some of the salary components like arrear, Notice Pay, Leave Encashment etc or not?

We all are aware that PF should be deducted on Basic and DA. But we always have some ambiguity in terms of some components. Here are some clarifications:

PF deduction on wage arrears : Yes, PF should be deducted on arrear paid against component which fall under definition of wages.

PF deduction on Notice pay: No

PF deduction on leave encashment : No

PF deduction on pay for maternity benefit: Yes

Suspension Allowance : No

Special Allowance : there is an ambiguity in this case. Hence I would advise not to keep this as part of your salary structure.

6: Principal employer is liable to pay Provident fund of contractual employee?

Yes, Principal employer is liable to pay Provident Fund in case contractor defaults in doing so, hence principal employer should ensure that contractor should have a PF code and contribute towards PF of his employee working for principal employer. In case of non-availability of PF code in name of contractor, principal employer can make contribution in its PF code.

7: Do Part time, Employee engaged through contractor, Trainee and Apprentice comes under PF act?

Part time employee : Yes

Employee engaged through contractor : Yes

Trainee : Yes

Apprentice under Apprentice Act : No

8: Do education institutions comes under PF Act?

Yes

9: Can I withdraw my previous company PF after joining some other company?

No, you can not. Although every next person changing the job withdraw PF of previous company but it is not allowed as per act.

A person can only withdraw PF, when the person is without job at the time of applying for PF withdraw and 2 months have passed. In fact, it is clearly mentioned in PF Withdraw form i.e. Form 19 also. Currently, PF Office doesn’t have mechanism to track people changing job and withdrawing PF but in future with e commerce in place, it won’t be possible for people withdrawing PF while changing the job. As per law, you are supposed to transfer your existing PF in your new company using Form 13.

10: Can I withdraw money from PF in between? If yes, for which cases?

Yes, you can withdraw partial money from PF in following cases .

1. Marriage or education of self, children or siblings

· You should have completed a minimum of seven years of service.

· The maximum amount you can draw is 50% of your contribution

· You can avail of it three times in your working life.

· You will have to submit the wedding invite or a certified copy of the fee payable.

2. Medical treatment for Self or family (spouse, children, dependent parents)

For major surgical operations or for TB, leprosy, paralysis, cancer, mental or heart ailments
The maximum amount you can draw is 6 times your salary
You must show proof of hospitalization for one month or more with leave certificate for that period from your employer.

3. Repay a housing loan for a house in the name of self, spouse or owned jointly

You should have completed at least 10 years of service.
You are eligible to withdraw an amount that is up to 36 times your wages.

4. Alterations/repairs to an existing home for house in the name of self, spouse or jointly

You need a minimum service of five years (10 years for repairs) after the house was built/bought.
You can draw up to 12 times the wages, only once.

5. Construction or purchase of house or flat/site or plot for self or spouse or joint ownership

You should have completed at least five years of service.
The maximum amount you can avail of is 36 times your wages. To buy a site or plot, the amount is 24 times your salary.
Can be avail of it just once during the entire service.

11: How to file RTI to get update on PF withdrawal or transfer status or PF balance?

You can get immediate answers to your grievances though RTI. You can refer below article to get more detail.

12: What is VPF (Volunteer PF)?

You can contribute more than 12% of your Basic+DA in PF and get same interest on additional contribution. This is called VPF. Please note, employer need not to contribute the same amount in this case.

13: What is EDLI (Employee Deposit linked Insurance)?

Very few people know that PF gives Life Insurance which is called EDLI. Contribution to EDLI is made by employer and employee does not contribute anything in EDLI. Employer need to contribute 0.5% of employee wage capped at 6500/- per month to EDLI. Employee gets Life insurance coverage under EDLI.

Currently PF has increased maximum payout which is Rs 1.3 Lakhs in case of death.

14: Can Employer take insurance policy from insurance company to substitute EDLI?

Yes, Employer can take insurance policy to substitute EDLI.

Employer need to ensure that the benefits from insurance policy are much better than what employee can get from EDLI through PF. Eg. Sum insured in case of death should be more than 1.3 Lakhs. Employees of the company should be aware about it and should have no objection in this. You can approach any insurance company, which provide Group Term Life insurance.

15: What is the interest we get on PF?

This keep changing and you need to keep an eye on such announcement from time to time. It is declared by Central Govt.

16: Provided Fund contribution is taxable income?

17: Do expats need to contribute to PF?

Yes. Please refer notification received from PF on 01st October 2008. Download the notification.

Source:: Yahoogroups.

Tuesday, July 23, 2013

THE BENEFITS FOR SENIOR CITIZENS IN INDIA

I. Transportation:
Ministry of Road Transport and Highways:

i) Reservation of two seats for senior citizens in front row of the buses of the State Road Transport Undertakings.

ii) Some State Governments are giving fare concession to senior citizens in the State Road Transport Undertaking buses and are introducing Bus Models, which are convenient to the elderly.

Under Delhi Transport Corporation:

1. Special Hire Service: - Apart from the normal services, the Corporation also provides buses to the Citizen of Delhi on Special Hire for marriage parties, picnics, etc.

2. Free/Concessional Passes: - DTC also offers Free Passes to disabled persons, war-widows & their dependents, eminent sport personalities, Freedom Fighters etc. and Concessional Passes to various categories of commuters viz. Students, Senior Citizens, Residents of Resettlement Colonies, Journalists, etc.

For Senior citizens above the age of 60 years, Bus pass for all routes at Rs. 50 per month. Income has to be below Rs. 75000 per year.

Ministry of Railways:

1. Indian Railways provide 30% concession in all classes and trains including Rajdhani/Shatabadi trains for both males and females aged 60 years and above.

2. Indian Railways also have the facility of separate counters for Senior Citizens for purchase/booking/cancellation of tickets.

3. Wheel Chairs for use of older persons are available at all junctions, District Headquarters and other important stations for the convenience of needy persons including the older persons.

4.. Ramps for wheel chairs movement are available at the entry to important stations.

5. Specially designed coaches with provisions of space for wheel chairs, hand rail and specially designed toilet for handicapped persons have been introduced.

Ministry of Civil Aviation:

1. Indian Airlines is providing 50 per cent Senior Citizen Discount on Normal Economy Class fare for all domestic flights to Indian senior citizens who have completed the age of 65 years in the case of male senior citizens and 63 years in the case of female senior citizens subject to certain conditions.

2. Air India is offering discount of 55% to senior citizens of 60 plus on flights to USA, UK and Europe on economy class. Further, Air India has now decided to reduce the age of 60 plus for discount on their domestic routes as well with immediate effect. For Identity card, 2 passport sized photographs have to be submitted along with the form.

3. Sahara Airlines is offering 50% discount on basic fare for travel on its domestic flights only to senior citizens who have attained the age of 62 years. Discount is applicable in economy class only.

4. Kingfisher Airlines offers discount in Business class only for citizens of 65 years or above on sectoral basis. Age proof required.

5. Jetlite offers a discount of 50% on economy class for citizens of 65 years or above. One passport sized photograph required on the form along with age proof.

6. Jet Airways offers discount to senior citizens of 65 years or above.

For availing discount in domestic flights, senior citizens have to fill up a discount form along with a passport sized photograph and Age proof certificate. Jet Airways also provides Senior Citizen I-Card which is available in all ticket counters and requires 2 passport sized photographs and age proof certificate. For the I-Card a very nominal amount is charged.

II. Telecommunications:

i) Faults/complaints of senior citizens are given priority by registering them under senior citizens category with VIP flag, which is a priority category.

ii) Senior citizens are allowed to register telephone connection under N-OYT Special Category, which is a priority category.
iii) MTNL in NCR offers a discount of 25% on Rs. 250 per month Plan. Age limit is 65 years or above.

III. Ministry of Consumer Affairs, Food and Public Distribution:

i) Under the Antyodaya Scheme, the Below Poverty Line (BPL) families which also include older persons are provided food grains at the rate of 35 kgs. per family per month. The food grains are issued @ Rs.3/- per kg. for rice and Rs.2/- per kg. for wheat. The persons aged 60 years above from the BPL category were given priority for identification.

(ii) Under the Annapoorna Scheme being implemented by the States/UT Administration, 10 kgs. of food grains per beneficiary per month are provided free of cost to those senior citizens who remain uncovered under the old age pension scheme.

iii) Instructions to State Governments for giving priority to the Ration Card holders who are over 60 years of age in Fair Price Shops for issue of rations.

IV. Ministry of Health & Family Welfare:

1. Separate queues for elderly persons in hospitals for registration and clinical examination.

2. Special Clinics, every Sunday between 10 am to 12 noon, for elderly persons available at the following hospitals in New Delhi.

a) Lok Nayak Hospital
b) GTB Hospital
c) Deen Dayal Upadhyay Hospital
d) Aruna Asafjahan Ali Hospital
e) Sanjay Gandhi Memorial Hospital
f) Dr. Joshi Memorial Hospital
g) Babu Jagjeevan Ram Hospital
h) Ram Rao Tula Memorial Hospital
i) Lal Bahadur Shastri Hospital

The services include health check-ups, operations, treatment of physically invalid, gynecology, ENT and ophthalmology along with pathological and radio therapy facilities.

V. Income Tax (Ministry of Finance):

1. For senior citizens the exemption limit is Rs. 2,50,000 up to which senior citizen pays no income-tax at all. The benefit of higher exemption limit for a senior citizen is available only when a person has completed 60 years of age.

2. The senior citizen should also take full advantage of section 80C of the Income Tax Act, 1961 whereby deduction up to Rs. 1.00 lakh is available for investment by way of insurance premium, repayment of the housing loan or investment in Senior Citizens Savings Scheme as also the Bank Fixed Deposit.

3. Similarly as also the Bank Fixed Deposit. Similarly, the citizen can also take advantage of the Mediclaim Policy. In case senior citizen or any member of his family suffers from serious medical problem of suffers from some disability he can claim certain other deductions under the tax law.

VI. MINISTRY OF SOCIAL & EMPLOYEMENT

1. Ministry of Social Justice & Empowerment is the nodal Ministry responsible for welfare of the Senior Citizens. It has announced the National Policy on Older Persons which seeks to assure older persons that their concerns are national concerns and they will not live unprotected, ignored and marginalized. The National Policy aims to strengthen their legitimate place in the society and to help older people to live the last phase of their life with purpose, dignity and peace. The National Policy on Older Persons inter alia visualizes support for financial security, health care and nutrition, shelter, emphasis upon education, training and information needs, provision of appropriate concessions, rebates and discounts etc. to Senior Citizens and special attention to protect and strengthen their legal rights such as to safeguard their life and property. The National Policy on Older Persons confers the status of senior citizen to a person who has attained the age of 60 years.

2. The Ministry is also implementing following schemes for the benefit of Senior Citizens:

(a) An Integrated Programme for Older Persons (Plan Scheme) – This Scheme has been formulated by revising the earlier scheme of “Assistance to Voluntary Organizations for Programme relating to the Welfare of the Aged”. Under this Scheme, financial assistance up to 90% of the project cost is provided to NGOs for establishing and maintaining Old Age Homes, Day Care Centers, Mobile Medicare Units and to provide non-institutional services to older persons.

(b) The Scheme of Assistance to Panchayati Raj Institutions/ Voluntary Organizations/Self Help Groups for Construction of Old Age Homes/Multi-Service Centers for older persons (Non Plan Scheme) - Under this Scheme, one time construction grant for Old Age Homes/Multi-Service Centre is provided to non-governmental organizations on the recommendation of the State Governments/ UT Administrations.

VII. Ministry of Rural Development:

1. Under the National Old Age Pension Scheme, Central Assistance of Rs. 75/- p.m. is granted to destitute older persons above 65 years. This Scheme has been transferred to the State Plan w.e.f. 2002-03.

2. Under the Annapurna Scheme, free food grains (wheat or rice) up to 10 kg. per month are provided to destitute older persons 65 years or above who are otherwise eligible for old age pension but are not receiving it.

Wednesday, April 24, 2013

Online Services introduced by Govt

INDIAN GOVERNMENTINTRODUCED ONLINE Services