Compliance requirement under the Rules in Accordance with the Act

• Form A: Notice of Opening of Establishment (Rule 3(1))

Every employer of a factory, shop, establishment or plantation shall, within thirty days from the date such rules become applicable submit a notice in Form A to the Controlling Authority.

• Form B: Notice of Change in Details of Factory, Shop, Establishment or Plantation (Rule 3(2))

A notice in Form B shall be submitted by the employer to the controlling authority of the area within thirty days of any change in the name, address, employer or nature of business.

• Display of Notice by Employer Covered under West Bengal Payment of Gratuity Rules (Rule 4)

(1) The employer shall display conspicuously a notice at or near the main entrance of factory, plantation, shop, or establishment in bold letters in English, Bengali and in language understood by the majority of the employees specifying the name of officer with designation authorised by the employer to receive on his behalf notice or applications under the Act or the rules.

(2) Every employer shall display an abstract of the Act and of these rules in English, Bengali and in a language understood by the majority of the employees at a conspicuous place at or near about the main entrance of the factory, plantation shop or establishment, as the case may be.

(3) A fresh notice or abstract of the Act and rules shall be displayed immediately after the notice or abstract of the Act or the rules referred to above becomes illegible or requires a change.

• Notice for Payment of Gratuity (Form L/M) (Rule 8)
  Within 30 days of receipt of an application for payment of gratuity, the employer shall issue the notice to the concerned employee as follows –

1. Form L: If the claim is found admissible
2. Form M: If the claim is not found admissible.

• Payment of Gratuity (Rule 8)

Amount of gratuity payable shall be paid within 45 days of the date of receipt of application for payment.

• Gratuity Payable by Employer in West Bengal (Section 4(2))
  For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned.

1. In the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account.
2. In the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days’ wages for each season.
3. In the case of a monthly rated employee, the fifteen days’ wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.
4. Amount of gratuity not to exceed amount notified by Government.