Dear Mr. Rajat,
My views differ with respect to the non-consideration of Gratuity as a part of CTC. I agree that if an employee leaves service prior to the eligibility period, this amount will not be given to him. However, once the Payment of Gratuity Act, 1972 becomes applicable to the establishment/factory, the employer is bound to comply with the statutory provisions as applicable.
Section 4A of the Payment of Gratuity Act, 1972 makes insurance of gratuity mandatory for employers. Subsection 2 of Section 4A states that the employer has to obtain insurance in the prescribed manner for their liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer.
To comply with this provision, every employer has to create a trust that deals with LIC on behalf of the employer. The trust creates a gratuity fund with the help of LIC, which keeps the fund and pays interest on the balance. In fact, LIC acts like a bank in this scenario. Investments made by the employer towards the gratuity fund are accepted by the Income Tax authorities as expenses for the financial year in which the contributions are paid by the employer. Although these payments are to be made to eligible employees in the future, the creation of the fund duly recognized by the Income Tax authorities as forwarded by LIC is considered as expenses for the current financial year by the Income Tax Authorities.
When expenses that are due in the future are being discharged by the employer in the current period under the statutory provisions, there is no harm in considering gratuity as a component of CTC. Once the employer has paid contributions towards the gratuity fund and the insurance premium to LIC, it means that they have incurred expenses on the employee.
Now, if an employee leaves service before the eligibility period, the employer will not get a refund benefit. However, they will have to pay lesser contributions for the next year. Additionally, if a significant number of employees entitled to gratuity leave services during the financial year, the employer has to immediately pay contributions to replenish the gratuity fund. In no case can the employer withdraw money from this fund. Any excess balance is to be settled among the members of the trust as per trust rules, regulations, and the provisions of the Income Tax.
Furthermore, if the employer does not follow the above provisions, they can be penalized for the violation of statutory provisions with a fine of up to Rs. 10,000 for the first offense and Rs. 1,000 per day for every consecutive offense. I believe that if the employer is aware of such provisions or is made aware of them, compliance should not be a big problem, and they will discharge their liability as per the law of the land.
In view of the above, I strongly believe that gratuity is a component of CTC, though it is a reward protected by law.
Regards,
Anil Anand