nidhin.v
Hi,
I was working with a Section 25 company from May 2007 to Sept 2013 and have worked with the company for over 6 years of continous service.
However, all employees of the company including the CEO are on full time long term contracts. I was initially given a 3 year contract in 2007. At the end of 2 years, company renewed my contract for a further period of 5 years. There has been no break in service and no interim full and final settlements were done.
However, the company says that I am not eligible for gratuity payments as I (and other employees) had worked with the company on a contract and hence gratuity is not part of the full and final settlement.
Kindly let me know whether I am eligible to receive the gratuity and if so, what are the steps I should take to ensure company pays me the gratuity.
Regards,
Nidhin

From India
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Kknair
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Rajeevdixit
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rajeevdixit
111

Hi ,
If you have worked for five years at a stretch then yes you are eligible
for the gratuity.Even in this period some part was on contract and
some on roll . You are eligible .
If you have valid record of service with the company with you then
contact your respective labour department regarding this .
Regards
Rajeev Dixit

From India, Bangalore
nidhin.v
I have one more query on this. I was working in Hyderabad earlier and now I have moved to Chennai.
Can I file the complaint in the Chennai Labour Department or the Hyderabad Labour Department? Also, should the complaint be filed in the labour department or labour court?

From India
kknair
199

Dear Nidhin: Payment of Gratuity Act entitles one for gratuity payment after five years of employment. The nature of employment, be it regular, temperory or contractual does not make any difference. Once there is 5 years continous service, then the entitlement is fully established. For gratuity purposes, the appropriate authority is the local Labour Commissioner as the case may be. It has to be the Chennai Labour Department where you served last for filing the claim. KK
From India, Bhopal
loginmiraclelogistics
1063

Nidhin,
First of all you confirm whether you (yr.co) covered under gratuity Act and your CTC does not include your gratuity element.Nevertheless you are eligible for gratuity. The onus is on your employer towards the liability.
I presume you are out of this co. after this continuous 6 + yrs. service. If so now you R no more with them. OK ? Then straight away send Form "I" to this co. as a claim with duly acknowledged. Ensure you have a proper acknowledgement. Then nothing happens you can follow the complaint process, you'll have necessary advice from the experts here.

From India, Bangalore

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