gratuity payable under Gratuity Act 1972

premak · 07-11-2009, 02:50 PM

I am working for a pharama company for last 9 years on contractual basis. For the first 4.5 years I worked under a direct contract letter with the Company, the contract got renewed each time the date expired. After about 4.5 years they put me on a third party contract , and hired me as a depute. Now in this case I still work for the same company but throgh a contractor. Now here I have worked for about 4 years and 4 months. If I leave the job will I be elligible for Gratuity under payment of Gratuity act 1972, as I am not satisfying the 5 years of cont service clause. but if u consider my case the principle employer is same and the total service is 9 years

premak · 09-11-2009, 09:51 AM

If any one could respond to my query, i would be obliged

premak · 10-11-2009, 03:12 PM

aNY ONE THERE PLS HELP ME ON THIS ISSUE

R.N.Khola · 10-11-2009, 03:47 PM

Dear --

Here in this case you does not seem to have work with the same employer for a continuous period of five years & therefore you are not entitled to have gratuity payment at this point time.

With Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

premak · 10-11-2009, 10:26 PM

but if i worked for the same company throgh a direct contract ,and then throgh a third party contract, with no break in employment(for 9 years in total),am I not elligible for gratuity. Do you have some case laws as precedent to similar situation.Pls advice

R.N.Khola · 11-11-2009, 09:47 AM

Dear

This is to inform you that contractor & the direct employer both have separate entity under this Act. You are to complete five years with any of them.
With Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
Office: 311, AKD Tower, Sector 14, Gurgaon
(M) 09810405361 (O) 0124-4264449

kashyap_kundan · 11-11-2009, 12:03 PM

Hi Prem,

You must have to complete 5 years of service to get your gratuity claim.

Thanks
Kundan kashyap

premak · 15-11-2009, 10:54 PM

but what if my principal employer kept me on a direct contract for over 4 years, and then asked me to then to work under a third party contract. Here the contract employees do not report to the contractor for functional reporting but to the employees of the organisation. only the pay roll is different and the contractor pays me salary, after getting the reimbursement from the company.I do not have a break in service, as I worked for the company from 5th october2000 to 31st July2005, under a direct contract and from 1st August 2005 till date for the same company but under a third party contract. It appears that I will loose my gratuity, for no fault of mine, since the change in the nature of contract was not at my will, but I was asked to do so, if I wanted to continiue on the job

premak · 15-11-2009, 10:57 PM

Is there no case law that supports in favour of my contention to claim the Gratuity, either from the contractor or from principal employer?

premak · Yesterday, 03:33 PM

can any one reply specifically for the my kind of situation