Dear Seniors,
Kindly help me out on this query. If a employee is working with an organization without any appointment letter and without any terms and condition. In such case is the employee eligible for gratuity once he leave his job. (Employee has worked more than 5 year).
If yes then how can I calculate the gratuity without knowing his salary breakup.
Thank you in advance.

From India, Delhi
Labour Law & Hr Consultant
Asst.manager -hr
Asst. Manager

Dear friend,
It is understandable that one can work without a formal or written appointment order for so long like more than 5 years as in your case. But I am at a loss to understand that you don't know your salary structure.Don't you have access to your salary register?

From India, Salem
One question i haven't got , if Employe is not having appointment letter and even there is no Terms and conditions then on which base you will consider him your company Employee. Please clear this doubt?

From India, Mumbai
Dear Ravi,
Even God helps only those who help themselves. So is the case of Law also.Unscrupulous methods might have been adopted by the employer to deprive the employee the legal rights and benefits actually due to him.It is for the employee to be more vigilant in such a situation.Is it not essential and imperative to know his status of employment for a workman at least after some months of service? If he is scared of any reprisal, by hook or crook, he has to collect sufficient evidence regarding his employment.It is the duty of the employer to issue the letter of appointment setting forth the terms and conditions of employment.If he wantonly fails or avoids this, it is highly reprehensible.In such a case the employee will have to indulge in manipulation and no other go.

From India, Salem
Hi, Umakanth You are right, in these cases god may help them.
From India, Mumbai

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