My employer is deducting gratuity from my monthly salary its showing in my payslip as deduction part also. And they are not paying that after resignation before 5 yrs.
From India, Hyderabad
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If gratuity is part of the salary and is being deducted from your salary, it should be paid even if you leave before 5 years. On the other hand, if it is outside the salary part and not reflected in the salary slip, they can deny it.
From India, Kannur
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Dear Ramya,

Deduction of gratuity from an employee's salary is an illegal practice. If it appears on your salary slip, it constitutes unauthorized deductions. You are entitled to the said deductions with interest to be paid back to you. You can send a legal demand notice to address this issue.

Compliance First

9769003570

From India, Pune
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Hi,

Deduction of gratuity is an unlawful act by the employer. If gratuity is deducted from your salary and you have evidence of this, you can pursue legal action. You have the option to send a legal notice to your company.

Regards,
P. Packiaraj

From India, Bangalore
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Hi,. Nowadays companies are adding gratuity premium payable to LIC in the CTC component of salary. Please check your appointment order.
From India, Madras
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It is okay if the employer shows the amount payable to an employee at the time of his retirement as a cost to the company from the date of joining, but it should not be part of the salary. If you see the definition of wages/salary under any Act, it excludes bonus, the amount payable by the employer towards PF, gratuity, etc. These costs can be costs to the company, and you can show it as a cost to the company in the appointment letter as well, but in no way can he deduct it from the salary payable. If deducted from the salary, it should be paid back to him without any qualification as to the length of service.
From India, Kannur
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