Dear Members,
Seeking help from all seniors on gratuity!
My questions on gratuity are:
1) What is the definition of CTC as per the law? Is it mentioned anywhere in our law?
2) If a company is deducting gratuity from CTC and an employee leaves the company (normally) in 1 year, can they claim for the reimbursement amount that is deducted from their CTC? If yes, then how?
Thank you.
From India, Delhi
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Seeking help from all seniors on gratuity!
My questions on gratuity are:
1) What is the definition of CTC as per the law? Is it mentioned anywhere in our law?
2) If a company is deducting gratuity from CTC and an employee leaves the company (normally) in 1 year, can they claim for the reimbursement amount that is deducted from their CTC? If yes, then how?
Thank you.
From India, Delhi
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There is no word called CTC under any law in India, but it is a derived term denoting the cost the company would incur by employing one person by way of fixed salary, statutory contributions payable monthly, annually or at any date which may even fall when the employee is superannuated, variable pay like incentives, commissions, etc., and may include amenities provided by the company like quarters, cab facilities, subsidized food, etc. Therefore, CTC should not be taken as a salary payout but should be taken as a cost to the company by all means.
As gratuity is a payment which may fall due when the employee leaves after putting in a service of at least five years, the same is also a cost to the company. The employer is under a legal obligation to provide for a gratuity fund every year based on actuarial valuation. It should be remembered that paying gratuity is mandatory in case of the death of an employee without completing the qualifying period of five years, and providing for gratuity every year will make the company safer with regard to finance in such occasions.
Normally, CTC is an offer and will not be reflected in the salary sheet, nor will any amount be deducted from the salary of the employee every month. But in case the salary slip contains gratuity as a deduction from the salary, it should be payable to the employee once he leaves even without completing the qualifying period of five years.
Madhu.T.K
From India, Kannur
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4483As gratuity is a payment which may fall due when the employee leaves after putting in a service of at least five years, the same is also a cost to the company. The employer is under a legal obligation to provide for a gratuity fund every year based on actuarial valuation. It should be remembered that paying gratuity is mandatory in case of the death of an employee without completing the qualifying period of five years, and providing for gratuity every year will make the company safer with regard to finance in such occasions.
Normally, CTC is an offer and will not be reflected in the salary sheet, nor will any amount be deducted from the salary of the employee every month. But in case the salary slip contains gratuity as a deduction from the salary, it should be payable to the employee once he leaves even without completing the qualifying period of five years.
Madhu.T.K
From India, Kannur
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Mr. Madhu T.K., our senior member, has aptly said and explained in detail. In a nutshell, if your salary slip is showing Gratuity as a deduction, you can very well claim it legally even if the qualifying terms are not met.
From India, Ahmadabad
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From India, Ahmadabad
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Hello Sachin,
Just to add to the correct responses above, gratuity will be given during the full and final settlement of the said employee.
With regards,
Vaishalee Parkhi
[LinkedIn Profile: Vaishalee Parkhi](https://www.linkedin.com/pub/vaishalee-parkhi/62/9ab/6b0)
From India, Pune
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Just to add to the correct responses above, gratuity will be given during the full and final settlement of the said employee.
With regards,
Vaishalee Parkhi
[LinkedIn Profile: Vaishalee Parkhi](https://www.linkedin.com/pub/vaishalee-parkhi/62/9ab/6b0)
From India, Pune
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