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IT professional with 6 years at LLP: Eligible for Gratuity?

Ashwini Dasgupta | Answer |Ask -Follow

Personality Development Expert, Career Coach - Answered on Jan 07, 2025

Ashwini Dasgupta is a personality development coach and a neuro-linguistic programming trainer.
She has 15 years of experience training corporate professionals and has worked at Amazon, JP Morgan, Nomura and Satyam among others.
As a career coach, Ashwini specialises in helping growth-minded IT corporate managers develop their self-worth and create the right mindset so that they can achieve their career goals.
Besides corporate training, she offers personal consultations as well.
Ashwini holds a master’s degree in human resources from the Narsee Monjee Institute of Management Studies, Mumbai, and is a certified NLP trainer from the National Federation of NeuroLinguistic Programming, USA.
She has completed her soft skills training and image consultancy course from the Image Consulting Business Institute, Mumbai
Ashwini is also a PoSH trainer, certified by the Society for Human Resource Management.... more

Asked by Anonymous - Jan 05, 2025Hindi

Career

I am working at a LLP company in IT industry since last 6 years. I am planning for job change, so I want to know if I am eligible for gratuity. There is no gratuity component mentioned in my payslip, so I am skeptic whether I will receive it not. Can you please tell me if I can claim it or not?

Ans: Dear Sir/ Madam,

Gratuity is applicable after 5 years. So in your case yes. Just check if your company has the gratuity policy. During the exit, HR will help with the gratuity withdrawal forms which you can fill and submit.

Hope this helps

Thanks
Ashwini

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Question by Raghavendra - Jul 22, 2023Hindi

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Hello Sir, I have received gratuity of ra. 4.15 lakhs in FY 2022-23 upon resigning from my previous organisation, where I served for 16 years. My previous organisation had deducted TDS from the gratuity, but I beleive gratuity is tax-exempt till Rs. 20 Lakhs. Please let me know whether Iam eligible for tax exemption or not.

Ans: Hello Raghavendra,

You're absolutely right. As per the recent amendment by the Centre, the maximum limit of tax-exempt gratuity has been increased to Rs 20 lakh from the previous ceiling of Rs 10 lakh. This means that if you've received a gratuity of Rs. 4.15 lakhs in FY 2022-23, it should be completely tax-exempt.

If your previous organisation has deducted TDS on this amount, I would recommend you to consult with them or a tax consultant to rectify this. You may be able to claim a refund for the TDS deducted when you file your income tax return.

Please note that tax laws can be complex and it's always a good idea to consult with a tax professional to understand your specific situation better.

I hope this helps!

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Asked by Anonymous - Feb 01, 2024Hindi

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When I was 52 I joined a new company in 2006. I am still a regular employee of this company. Will I be eligible for gratuity when I leave my job?

Ans: The eligibility for gratuity depends on the employment tenure and specific conditions outlined in the Payment of Gratuity Act, 1972, in India. Here are the some criteria for gratuity eligibility:

Completion of 5 years of continuous service:
• To be eligible for gratuity, an employee must have completed a minimum of 5 years of continuous service with the same employer. However, in case of death or disablement, the requirement of continuous service may not apply.

Retirement, resignation, or termination:
• Gratuity is typically payable on retirement, resignation, or termination of employment. If an employee leaves the job for any other reason, the gratuity may not be applicable.

Age criteria:
• While the Payment of Gratuity Act does not specify a minimum age for eligibility, the Act considers any employee who has completed 5 years of service as eligible, regardless of their age.

Considering your scenario, where you joined the company in 2006 and are still a regular employee, if you continue in the same employment until you resign or retire, and the total service period is at least 5 years, you should be eligible for gratuity as per the Payment of Gratuity Act.

It's also advisable to consult with your company's HR department or a legal professional to get the most accurate picture and information.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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