Is It Possible to Claim Gratuity from CTC If I Leave Before 5 Years?

Dear All,

My gratuity is included in my CTC (a fixed amount). Please let me know whether I will be eligible to recover my gratuity included in my CTC if I leave my company before 5 years.

Thanking you,
Vijay Kumar
Silvassa

No, you can't, even though it is part of your CTC if you leave before completing 5 years.

No, the employer includes Gratuity in CTC as he considers you will be working with him for a long period. His assumption is correct from his end. So don't do anything. You can't recover it, and you also cannot challenge it.

If it is part of CTC and the employee leaves before completing 5 years, the accrued gratuity amount will be deposited with statutory authorities by the employer since it is a statutory payment. The employee cannot claim this amount.

Gratuity is even deducted from your CTC, but you can recover it only after giving continuous service of 240 days for 4 years + 10 months + 18 days (as per the recent amendment) or more. If you leave an organization before this period, the company is not liable to remunerate you with gratuity.

Thanks and Regards,

Shubhi Singhai