Dear Sir,
One employee is working with our organisation for 12 years. At the time of his leaving i have calculated his gratuity as 15days pay for every one year complition of service. Which comes to 11.5 Lakhs.
As per it act limit for exemption is 10 Lakh.
My question is whether employer is obligated to pay only till 10 Lakhs or as per gratuity act he has to pay 11.5 Lakhs out of which 10L will be non taxable for employee.

Thanks
Mohini

Whether an employer can restrict the EPF recovery on salary Rs.6,500/- only even though the employee’s salary [Basic] exceeds Rs.6,500/- during their service, like the restrictions followed in Pension Fund [EPS], the pension fund amount which is to be calculated on Rs.6,500/- only. Or the employer can ignore the salary ceiling limits to PF contributions and recover the PF on actual basic salary earned/given per month. Employees are willing to contribute to EPF and to Pension Fund on actual basic salary.

Whether an employer can recover and contribute on actual basic salary [more than Rs.6,500/-] for both provident fund and to pension fund if employees give their willingness in writing to employer.

Is there any legal/act binding on employer side/part that they can restrict their contribution to the basic amount of Rs.6,500/-[for both EPF&EPS]

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