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ravi sharma (manager)     13 July 2012

Gratuity and employers pf contribution

I am working on contract with LIC of India.

The contract is for 3 years

as per contract, from our ctc contribution towards employees PF contribution, Employers PF contribution a.d Gratuity contribution are deducted every months.

a few of my frnds have left the organisation.

When they asked for the payment of the contributioins deducted now the organisation is saying that as they have not completed 5 years of services so the contribution towards gratuity and employers PF contribution will not be paid.

I have two question.

Is such rule with gratuity and PF?

If these may not be paid unless continuous services of 5 years then why such contributions were shown in a contract of 3 years only? Is this a malpractice or cheating with the contractual employees?

kindly help and suggest.

regards



Learning

 2 Replies

Kumar Doab (FIN)     13 July 2012

Has the employer supplied PF number and PF accumulation reports of all the years to you?

You may demand in writing under acknowledgment PF number and PF accumulation reports, and let the company reply whatever it wants to reply in writing. You may mention that postage prepaid (as purchased from PO) self addressed envelope is enclosed for supplying the reply to you so as to reach you say in next 7 days.

If the employer does not reply you have the option of approaching the O/o concerned RPFC, Addl. RPFC, PRO, CPFC and lodge a complaint. While you lodge a complaint be specific and provide all details so the concerned PF Inspector is able to submit clear report. You can also adopt RTI route to obtain PF number, PF accumulation reports, copy of report of PF authority and action taken.

LIC must have taken a policy for Gratuity. The money deposited by employer in the policy is not premium and LIC pays interest on the fund to the company. Company pays gratuity from this fund and balance remains in the a/c and continues to earn interest.

Gratuity and PF are social security tools and employee does not have to make any contribution or pay any amounts for gratuity. Employer has to make whole contribution. If employer has not taken any policy employer has to pay from its own resources.

In addition to gratuity employer can have its own Superannuation scheme and upon separation by resignation/termination the funds can be transferred or employee can avail at the payment on attaining age of superannuation described in standing orders of the company.

CTC is cost to company and cost to employee. In CTC companies include PF contribution of employer and must not include PF contribution of employee.

If company prepares an excel sheet for its own convenience and records it is alright but the contribution for gratuity can not be made part of remuneration of employee. By showing in CTC sheet company is already making adjustment in its books.If company has made it part of CTC-remuneration, company should amount to employee, and as a tax rebated component. An employee is entitled for payment as per Gratuity Calculation formulae, and not just monthly contribution. Some companies disburse the amount as Ex-Gratia payment.

 Companies exploit the fact that majority of the employees are ill informed and majority of the employees do not agitate.

It is felt that all of you may unite and be witness to each other and agitate with full force to management, O/o PF Commissioner, Controlling Authority of Gratuity.You may approach your union also.

Kumar Doab (FIN)     13 July 2012

Please read "CTC is cost to company and cost to employee." as

"CTC is cost to company and not cost to employee."


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