Can I Legally Claim Gratuity Mentioned in My CTC After Leaving My Job?

Hi, I worked for 3 years in a company. The gratuity component was mentioned in the Retiral Component (CTC). During my full and final settlement, I was not provided the Gratuity amount as I had not completed 4 years 320 days in the company. Can I claim the gratuity amount that was mentioned in my CTC legally? Please help!!!!!!

Hi Manisha,

No, you will not be able to recover the amount deducted towards Gratuity.

I opine that the gratuity part should be separate from the CTC. Once it is excluded from the CTC, the amount to be paid to the outgoing employee should be included in the Full & Final settlement.

As per the Payment of Gratuity Act 1972, one cannot recover the gratuity amount unless they complete 5 years of continuous service. On the contrary, it is recoverable in the case of death or disablement before the individual has completed 5 years of continuous service.

If the gratuity part mentioned in CTC as negotiated salary, then the amount to be cleared to the outgoing employee along with Full & Final settlement. If the party is not paying or denying, you may get it by filing a civil suit. But if any contents of the appointment advice show the gratuity rules anywhere, either in the CTC annexure sheet, then it will not be payable.