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Ketan Shah
Labour Management Consultant
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Specializing in Labour Law
 
 
bullet The Factories Act, 1948
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bullet Employees' State Insurance Act, 1948
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bullet Employees' Provident Funds & Miscellaneous Provisions Act, 1952
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bullet Payment of Bonus Act, 1965
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bullet Payment of Gratuity Act, 1972
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bullet WorkMens Compensation Act, 1923
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bullet Payment of Wages Act, 1936
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bullet Minimum Wages Act, 1948
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bullet The Apprentice Act, 1961
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bullet The Industrial Employment (Standing Order) Act, 1946
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bullet The Maternity Benefit Act, 1961
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bullet The Child Labour (Prohibition & Regulation) Act, 1886
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bullet Contract Labour (Regulation & Abolition) Act, 1970
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bullet The Bombay Shops & Establishments Act, 1948
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bullet The Equal Remuneration Act, 1976
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bullet The Employment Exchanges (Compulsory Notification Of Vacancies) Act, 1959 No.31 Of 1959
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bullet Bombay industrial reletion act 1947

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Payment of Gratuity Act, 1972
Applicability:

Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway.

Every shop or establishment to which Shops & Establishment Act of a state applies in which 10 or more persons are employed at any time during the year and

Any establishment employing 10 or more persons as may be notified by the Central Government.
Once Act applies, it continues to apply even if employment strength falls below 10.
Eligibility:

Any person employed on wages/salary.

At the time of retirement or resignation or on superannuation, an employee should have rendered continuous service of not less than five years.

In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service.

Benefits:

The quantum of gratuity is to be computed at the rate of 15 days wages (7 days wages in case of seasonal establishments) based on rate of wages last drawn by the employee concerned for every completed year of service or a part thereof exceeding 6 month.

In case where higher benefit of gratuity is available under any gratuity Scheme of the Co, the employee will be entitled to higher benefit.

Calculation of Gratuity:

Gratuity = (Monthly Salary/26) x 15 days x No. of yrs. of Service ).

Gratuity will be taxable above 3,50,000 /-  under the IncomeTax Act.

 
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All type of general insurance & life insurance. bullet
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304, 3rd Floor, Sapphire Business Hub, B/h. Trinnity Business Park, Nr. Madhuvan Circle, L.P.Savani Road, Adajan, Surat-395009
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