Dear All,
Is there any law / amendment made against the gratuity payable to Fixed Term Contract employees whether he/she has completed 5 years or not in any government sector ? Is there any resolution or court order for the same?
Thank you,
Rahul Gajjar
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Any employee whether under fixed term employment or permanently is entitled to gratuity if he completes five years of continuous service as per Sec.4 of the Payment of Gratuity Act 1972.
B.Saikumar
HR & Labour Relations Consultant.
OK Sir. Agreed. However, as per the Model Standing Orders (Amended) Fixed Term Employee shall receive all the benefits as the benefits are being provided to Regular employees in Government.
Please clarify, Bonus shall be applicable to Fixed Term Employee in Government ? If the Government body is full subsidized by it's parent Company, then what would be your suggestion ?
Hello Rahul
Do your queries pertain to persons employed in government or in public sector undertakings because the Standing Orders Act or Bonus Act are not applicable to government service?
B.Saikumar
HR & Labour relations Consultant
Thank you sir for valuable response. Yes my query is related to government bodies. It is to inform you that I have been received bonus as Ex-gratia during my tenure with the government as Fixed Term Contract. However, my contract expired in Sep'17 and the in the same month the Company has disbursed Bonus/Ex-gratia to all employees EXCEPT me. Nor I have received the same through F&F.
So it is requested to provide your valuable guidance to recover the bonus from the Company. Wether I should fight against the Company or forgot my hard core earned bonus for the year 2016-17 ?
Thanks, Rahul
From your post, it is understood that you received bonus as ex-gratia. It means that the bonus paid to you during your tenure with the company was not under Payment of Bonus Act. For claiming ex-gratia, you need to go through the terms of eligibility under the scheme and mostly ex-gratia is paid at the discretion of the management .
B.Saikumar
HR & Labour Relations Adviser
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