No Deduction So No Gratuity - Working In An IT Company?

darshanvp
I have been working with an IT company for the past 8 years. Recently, I inquired with my HR Manager about gratuity. Their response was that the company does not deduct any gratuity, so I am not entitled to receive any gratuity. Therefore, they advised me to forget about it.

My question is: Are employees working in IT companies not eligible for gratuity?
darshanvp
But, they are saying everything is already included in your CTC, and the company has not stated that it will pay any gratuity, so you will not receive the same.
saswatabanerjee
They can say what they want. It does not change the fact that legally they are liable to pay. CTC is not a legally acceptable concept, and further, the law is very clear that you cannot use a contract to override a legal liability. So you are still eligible for gratuity. However, do read the act and ensure your Company is covered (More than 10 employees). Reading the first 3-4 sections is enough to know that.
Avika
Gratuity is a statutory payment, and the company cannot deny it if the Gratuity law is applicable to them (i.e., they have more than 10 employees).

Moreover, Gratuity is not like PF in that the company has to deduct the contribution. It is their liability that they have to manage and pay.
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