Santosh (----) (24 Points)
20 February 2014Dear Sir,
Need an small clarification. My employer shows Gratuity in offer letter and appraisal letter as part of CTC. But in monthly pay slips Gratuity is not shown but deducted from every employee. And the amount deducted is not deposited anywhere. So if I am resigning and leaving company before completion of 5yrs, am I eligible to claim by deducted Gratuity amount from my employer? Please suggest.
Thanks!
Kolluru Krishna Murty
(Partner)
(315 Points)
Replied 17 April 2014
Dear Sir,
1.There is no compulsion under the legislation that the amount is to be deposited some where.
2.Employer is not supposed to deduct fro salary and he may not show it in monthly slip.
3.So whatever is shown as part of CTC legitimately belongs to you and you should demand at the time of leaving if it is before 5 years of completion.
K.Krishna Murty
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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