S S Rawat,
19th January 2018 From India, Jhajjar
Companies are showing this separately as Cost to Company in respect of employees whose salaries are more than the Minimum Wages.
For example if an employee's gross salary is Rs.16,000 per month and the minimum wages as per scheduled industry is Rs.15,000 per month, company will not show his COMPANY'S contribution to PF, ESI, Gratuity, Bonus, etc. as CTC because his salary will fall below the Minimum Wages.
Some companies are taking undue advantages only in the cases of employees drawing higher salaries. While negotiating salary one should ask for details of "Take Home Salary" or entire monthly salary calculation.
Coming back to payment of Gratuity contribution which was shown as part of your salary, company should refund the same to you as you put 4 yrs. of service. Because I am sure that it is not shown in you appointment letter that you should serve for minimum period of XX years to get your deducted gratuity contribution.
After putting 5 years of service you are entitled for Gratuity as per law and that company is bound to pay even you do not contribute for the same.
Anyways your company will not pay you the same easily and hence you have to fight legally with cost.
19th January 2018 From India, Thane
My views are different. First of all CTC has no legal status. CTC is expressed as yearly cost to Company to engage one employee for employment. Many Organization expressed it as CTC 6 lac per annum. Now one employee who has worked for say 7 months and resigned will then ask for the whole year salary as it is mentioned in CTC. Every payment is conditional. If there is no leave but the employee still on roll of the Organization will be without pay though in appointment letter it is mentioned as monthly salary and not mentioned that if you have no leave you will be without pay.
Gratuity payment needs to fulfill certain period of eligibility service. If the employee is fulfilling the eligibility criteria it must be paid otherwise the Organization is not legally bound to pay Gratuity, it may be discretion of the Organization.
Come to the concept of take home salary of higher paid employees. It is not the right approach. Two employees have same CTC but different take home (for higher level taxable employee) because of different tax savings planning. It is always compared on the basis of Cash component, Retirement benefit, Other facilities and finally to understand CTC components in detail.
Thanks & Regards,
S K Bandyopadhyay(West Bengal)
USD HR Solutions
+91 98310 81531
20th January 2018 From India, New Delhi