27th December 2007 From India, Delhi
Many organisations include gratuity as part of ctc. Here, the company contributes in the group gratuity schemes regularly.
In case an employee leaves before completion of 5 continuous years, the company pays the amount payable as Exgratia in the full and final.
I have seen this practices adopted in my organisation also.
Ultimately it depends on approach of employer.
27th December 2007 From India, New Delhi
Legally you will not get gratuity.
The fund goes to the trust but if you are not eligible as per law.
What happens to the money that was credited?
The amount is not credited to your name. And even if you leave after five years you can't claim from the trust. You always claim it from the Company
This is the legal position as of today. I am not getting into details of what some organisations are practicing. But if you have seen your appointment letter I am sure they would have mentioned "You will be paid gratuity as per the provisions of Gratuity Act"
Incidentally Labour Commission has now recommended that Gratuity should also be treated like PF and Trust formed and Money accumulated and you can get it at the time of retirement
27th December 2007 From India, Chennai
Bonus and Ex-gratia are seperately mentioned in my CTC as annual benefit . Grautuity also consider as annual benefit, and company keep aside some particular amount as my gratuity valuation.
So what about that money. After leaving the service within 2 years will i get only ex-gratia and bonus which they calculated on prorata basis or this gratuity amount also.
29th December 2007 From India, Mumbai