Hello Please advise me.
I joined an ognisation on 15-01-2007.on Feb-28-2010 I was asked to resign and work as consultant starting from March-01-2010 with no change in responsibility. Again on July-01-2010 I was given new letter that I am regular employee. My last working day was feb-15-2012. Please let me know if I am eligible for gratuity.
From India, Delhi
3I joined an ognisation on 15-01-2007.on Feb-28-2010 I was asked to resign and work as consultant starting from March-01-2010 with no change in responsibility. Again on July-01-2010 I was given new letter that I am regular employee. My last working day was feb-15-2012. Please let me know if I am eligible for gratuity.
From India, Delhi
Dear as per my knowledge gratuity is payable after 5 years of continuous service and in your case you have already separated and then rejoined. So u will not b eligible for any gratuity amount. If you havent resigned,then u could hav eclaimed it but in this case which u have mentioned......u cant claim.....
friends am i right????? please reply????
From India, Calcutta
friends am i right????? please reply????
From India, Calcutta
Gratuity act 1972 , an employee should complete 5yrs of continuous service for eligibility of gratuity.. Continuous service means 240 days service abve land and 190 days service below land.
but in your case you havent completed a continuous service of 5 years.
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
From India, Calcutta
but in your case you havent completed a continuous service of 5 years.
Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
From India, Calcutta
You should be deemed to be in contnuous service from 15-1-2007. Mere cahnge of designation does not alter your status as employee and the resignation on 28-2-10 is a mere paper arrangment to effect a gap in the continuity of service. In fact there is no gap in the continuity of service since you have been discharging the same duties in the guise of consultant which you were performing as employee. You can make out case before the Controlling authority be filing an application.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Thanks a lot. Could you help me as how to represent my case. The company is based in NOIDA (NCR). They don't want to give my gratuity. Somehow i need to convince CEO that I am eligible. COO is saying that although you performed the same duty be on paper there is gap. Although this resignation was taken by putting the pressure on me, It was not as per my will.
Lot of thanks in advance
From India, Delhi
Lot of thanks in advance
From India, Delhi
It is said that circumstances speak louder than a witness. Your resignation and your subsequent engagement from the very next day as consultant is a camouflage to hide the employer -employee relationship.The Controlling Authoriy very well lift this veil and see the real relationship.
B.Saikumar
Hr & Labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
Hr & Labour Law Advisor
Mumbai
From India, Mumbai
I know my case is not simple and it will be very difficult for me to prove the continuation of service. When I am saying that I have completed 5 years then company is saying that they were nice to me as instead of firing they kept me as consultant for 4 months. If it was the case then why they gave me another appointment letter. If legally I am not eligible then I will not pursue my case. Please let me know the name of some consultant or officer's address in NOIDA
From India, Delhi
From India, Delhi
Dear Sir,
I joined organisation in 5th May 2007 as contract employee. In 2008 I was regularised by the company but with resignation from contract employment. Now I have resigned from the service 28th March 2012. I completed notice period upto 12 May 12. Seeing this my five years were completed continously
Am I eligible for gratuity. Please guide
From India, Delhi
I joined organisation in 5th May 2007 as contract employee. In 2008 I was regularised by the company but with resignation from contract employment. Now I have resigned from the service 28th March 2012. I completed notice period upto 12 May 12. Seeing this my five years were completed continously
Am I eligible for gratuity. Please guide
From India, Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx