ex gratia gratuty

Siddhartha (Querist) 11 August 2015 This query is : Resolved
Hello experts,

As per my ctc statement gratuty is the part of my ctc. Does company bound to pay ex gratia of gratuty if i seperate within one year.

Thanks

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Kumar Doab (Expert) 11 August 2015
The employer can offer better terms of Gratuity as per Payment of Gratuity Act.

There are IT/ITeS companies as per publications that have paid Gratuity if mentioned in CTC and pay Gratuity if employee stays for 2 years.There are such threads at LCI also.

Employers/HR should not mention Gratuity in CTC and by doing so they give advantage to employees.

Employee should be skillful.

Siddhartha (Querist) 12 August 2015
So in that case i have right to ask ex gratia amount of gratuity if i leave within a year because usually people leave before 4 nd 1/2 year and gratuity amount company does not pay in those cases but where it is mentioned in ctc statement then its my right to have ex gratia from the company. I guess so... Pls confirm.

malipeddi jaggarao (Expert) 12 August 2015
Gratuity cannot be a part of CTC. Gratuity is to be given by the employer company for the minimum service you render which is 5years. In your case in CTC even if they call it gratuity, it is your money. Hence you can demand for refund if other terms of employment permits refund of such money.

Rajendra K Goyal (Expert) 12 August 2015
You are not entitled for gratuity in 2 years of service till agreed by the employer otherwise.

Kumar Doab (Expert) 12 August 2015
You may demand the payment of all promised amounts mentioned in CTC in writing under proper acknowledgment.

Dr J C Vashista (Expert) 13 August 2015
I have similar opinion as advised by experts, gratuity can (should)not form part of CTC. However, if mentioned in CTC you may demand it.

T. Kalaiselvan, Advocate (Expert) 18 August 2015
Whatever worth it is make a representation to the company demanding all those items promised in CTC

Anirudh (Expert) 18 August 2015
What do you mean by ex-gratia gratuity?

Similar query was handled in this Forum earlier. I still hold the view that a person is not entitled for payment of gratuity unless he puts in a minimum of 5 years service. Since you say that you would get separation from the company within an year, certainly you are not entitled to gratuity.

Guest (Expert) 18 August 2015
Anonymous Should Search Dictionary For Meanings And Should Not Check the Same With Querist And Waste their Time.

Kumar Doab (Expert) 20 August 2015
You must not forget to demand the payment of all promised amounts mentioned in CTC in writing under proper acknowledgment, with a copy to you.

There are companies as per publications/threads that have paid Gratuity/all amounts mentioned in CTC if employee does not stay for 5 years.

There are such threads at LCI also.

Employee should be skillful, form unions/become member of unions and affiliate with trade unions.

The employees that are skillful and united are paid everything.

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