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STUDENT.... (.......)     10 June 2020

Gratuity Eligibility

Hello Experts,

Greetings!

Private companies makes gratuity a part CTC now a days. However, if an employee leaves the organization due to xyz reason before the completion of 5yrs or 4yrs.

Is he not eligible to claim the Gratuity amount as the company has made that a part of his CTC?

If it an expense for the company towards his employee than it is also a loss of an employee if he won't get his full CTC amount for which the company and employee has agreed to at the time of interview.

If the employee is not eligible then in whose pocket this money will go which is a part of CTC of an employee?

Please share your views on this.

Regards,

Kunal


 10 Replies

STUDENT.... (.......)     10 June 2020

@Om Prakash: Be professional, If you do not want to answer please don't do that but at least have some ethics on this Forum. Respect the Forum and Others.

P. Venu (Advocate)     10 June 2020

You may try to decipher what is CTC; the answer is obvious.

Rohan Gupta (.)     10 June 2020

Greetings,

Firstly we need to understand the meaning of Gratuity and CTC. An employee who completes 4 years and 240 days of continuous service becomes eligible for Gratuity. The CTC is known as Cost to Company, which has all the details that the company will have to consider to determine the employment of an employee.

You can also have a look at these links to an earlier forum:- 
https://www.lawyersclubindia.com/forum/gratuity-is-a-part-of-the-ctc--55344.asp

https://www.lawyersclubindia.com/forum/Gratuity-is-deducted-as-part-of-annual-component-ctc-89335.asp

https://www.lawyersclubindia.com/forum/gratuity-if-not-part-of-ctc-149259.asp
 

G.L.N. Prasad (Retired employee.)     11 June 2020

The following is the query:

Is he not eligible to claim the Gratuity amount as the company has made that a part of his CTC? If it an expense for the company towards his employee than it is also a loss of an employee if he won't get his full CTC amount for which the company and employee has agreed to at the time of interview.

Reply:  As the meaning of "Gratuity" itself suggests to take care of the employe's future needs.  The Act stipulates some conditions that employee should be loyal to his employer at least for 5 years, as a certain amount of training, recruitment costs are involved.  The service conditions are subject to stipulated conditions in Act without exception.

It is just a fund created in a balance sheet showing it as a liability and the amount remains in the fund continuously.  If the employee wants to have gratuity, it is simple that he should work for the minimum time stipulated in the Act..  When the employee goes out, generally he goes out for better prospects, and the employer should hunt for a substitute to an employee who was recruited after incurring some costs and was trained in the organisation, and the new employee has to be recruited and trained...the cycle goes on.,

P. Venu (Advocate)     11 June 2020

Fact of the matter is that CTC is sham term devised to bloat the pay packet vis-a-vis actual pay paid to the emplyee; CTC has no legal standing as regard to the provisions of Payment of Gratuity Act or any law relating to labour and emplyment.

1 Like

G.L.N. Prasad (Retired employee.)     11 June 2020

True.  In certain private banks, the CEOs get crores of monthly salary, and the SBI Chairman draws a fraction of the salary of CEOs in private banks.  The term the private sector banks use for giving such huge pay packets is CTC- Contrary to Industry-wise pay structure through settlements.

Dr J C Vashista (Lawyer)     13 June 2020

Payment of Gratuity act, 1972 provides 5 years service to become eligible for gratuity.However, on completion of 4 years 240 days of service the case is also considered. Gratuity is a component for calculating cost of an employee to the company. 

I agree with expert Mr. Rohan Gupta

Formula for calculation is provided in the act itself.

1 Like

Ritesh Maity (Labour Law Advocate)     14 June 2020

As per the Payment of Gratuity Act, one is entitled to gratuity if he has served for 5 years or more and moreover CTC does not hold any position under the Act. Hence, in my opinion, gratuity is payable only after completition of 5 years or more irrespective of what is written in CTC. 

P. Venu (Advocate)     14 June 2020

Yes, CTC factor is not material. An employee is entitled for gratuity on completion of 5 years of service. Some High Courts  (Kerala and Madras) have held that  completion of 240 days of service in the 5th year makes the employee eligible for gratuity. However, most of the employers have adopted the stand that application of the decision is restricted those states.

Sudhir Kumar (Retd Govt Officer)     15 June 2020

policy of any company cannot overrule the statute.


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