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

darshanvp
I am working with an IT company since last 8 years, I just questioned my HR Manager about gratuity. My HR Manager replied that we are not deducting any gratuity so you shall not be liable to get any thing like gratuity so, please forget it.
My Question > An Employee working in IT company is not eligible for gratuity?
darshanvp
But, they are saying everything is already included in your CTC and company has not said that it will pay any gratuity, so you will not get 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 can not 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 first 3-4 sections is enough to know that
Avika
Gratuity is a statutory payment and the Company can not deny it, if the Gratuity law is applicable to them (ie, they have more than 10 employees).
Moreover, Gratuity is not like PF that the Company has to deduct the contribution. It is their liability that they have to manage and pay.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute