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Dear Freinds, My Previous Employer show the Gratuity in My CTC Part. & after that deduct gratuity amount from my Salary. I also talk to HR but he don't give any reply. Whenever after complete the Job 3 year & 6 months i resigned from Job . At the time of Full & final payment employer not agree to give my deduction amout of Gratuity & say me you not complete five year so you can not get gratuity payment.
What i can do, Can i take any legal action about this - from last three years employer don't clear my dues.
Pls suggest me what i can do legally for take the payment.

From India, Himmatnagar
Rahul Chhabra
Hr Professional
Hr Executive At Plus Star Engineering Pvt.
Human Resources

Shailesh Parikh_HR Pro

Dear Sudhir
If the said Gratuity amount was mentioned as part of your committed CTC the same shall be paid you at the time of separation, if not as Gratuity as "ex-gratia" the difference will be that it will attract IT.
You can take it up with labour office of your area or issue a notice through an advocate, probability of yours succeeding is unpredictable.
Shailesh Parikh
99 98 97 10 65

From India, Mumbai
Rahul Chhabra

Dear Sudhir,
Even if the employer shows the gratuity amount as a part of your Total Cost to the Company; you can not claim it before completing 5 years of continuous service. As long as employer is not deducting the Gratuity amount from your wages; there is no problem.

From India, Delhi

Yes, I agree with Mr.Rahul.
As per gratuity act an employee has put in a continuous service of five years to claim gratuity.
If any amount is deducted from monthly salary of the employee towards gratuity by the employer, it is illegal.

From India, Hyderabad

Dear Sudhir,
I give you an example.
Let an employee X working under the employer Y from 01.01.2010 to 30.09.2014 with Rs. 20,000/- gross salary. He has contributed total 3 yr 9 months service to the company. Hence Mr. X is not eligible for gratuity as per the Act.
But if, the he would have completed 5 years, then his gratuity amount would be Rs. 57,692/- [15*20,000*5)/26] i.e. Rs. 962/- per month.
The employer may have included this amount (approx. Rs. 1,000/-)with his salary the gross as Rs. 21,000/-. But Mr. X might thought that his salary is Rs. 21,000/month and calculated that for the service of 3 years and 9 months, the employer have deducted his gratuity amount of Rs. 43,270/- (Rs. 962/- * 45 month).
But this deduction is not illegal.
This is only a perception. Kindly do not take it in your part.
Rakesh Kumar Sahoo

From India, Brahmapur

Whether any deduction has happened to your monthly wages on account of gratuity? If yes, then you are eligible to get back the amount from your Previous Employer. If they do not release you may raise a complaint before labour department.
You would not get anything if there is no deduction. The Gratuity shown as part of CTC is something different, if not any deduction happened on account of gratuity from your Salary.

From India, Mumbai
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