Labour Law & Hr Consultant
+1 Other

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Dear Sir/Madam,
1. I'm working in a private school in Delhi since March 2010. Initially I was offered a contractual employment of one year duration, with consolidated salary.
2. In 2011 I was put in Probation of one year duration with pay scale similar to Sixth Pay Commission PB-2 with GP 4800.
3. In 2012 I was confirmed in the same scale with annual increment.
4. The school has given me Form 16 since 2010, where the TDS was deducted by a trust which is owned by our school President (owner).
5. My Appointing Authority is the Principal of the school.
My queries are:
1. Will I be entitled to get gratuity if I leave my job in February 2016?
2. If yes, will the year of contractual employment be considered towards gratuity calculation?
3. Who will be liable to pay my gratuity? The school which has recruited me according to appointment letter, or the trust which is issuing the Form 16?
With regards.

From India, Kolkata
Dear Pablo,
(2) The nature of your appointment i.e., fixed term appointment or regular appointment does not matter for payment of gratuity provided there is no break in your service under the same employer.
(3) The Trust is liable to pay gratuity of course thro the School run by it.

From India, Salem
Well, Mr Paul! Payment of Gratuity Act says, minimum service of 5 continuous years is required for gratuity payment.
There is no guideline regarding kind of employment. Since your service is continuous you will receive gratuity. Your service starts counting from 2010. The one who employed you is responsible for payment of gratuity i.e.,your principal.

From India, Kolkata
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