Hi i have doubt regarding claiming Gratuity. I have worked for a company since 07 July 2014 and ended my tenure on 03 March 2020 which very well makes for 5 years tenure. However, the first 1 year in the company i had worked under a contract and continued in the payroll without any gap. My employee id was changed after the contract period and the HR also opened a different PF account for me rather the continuing the same.
Will this scenario effect my Gratuity Application. Please advise.
Will this scenario effect my Gratuity Application. Please advise.
Though you have put in services in the same company, your employment status changed, once you became a permanent employee of the company.
You mentioned that first year you were on contact employment with the company. When was your contract ended. When did you get your appointment and when did you join the company as a permanent employee?
From India, Aizawl
624You mentioned that first year you were on contact employment with the company. When was your contract ended. When did you get your appointment and when did you join the company as a permanent employee?
From India, Aizawl
Hi,
You have worked on contract for one year and four years on roll. Since new employee number and PF number assigned to you after one year legally speaking you are not entitled to Gratuity till you complete another one year. However Employer at his own discretion, as a gesture to your 5 years work period may consider that one year also for the purpose of Gratuity calculation. It is not clear whether you are still continuing or left from the services of the Company. If not resigned at the time of resignation please make a request to consider that initial one year period aswell for Gratuity calculation.
Above all please check whether your employer comes under the purview of Gratuity Act as criteria stipulated by the Gratuity Act.
Regards
V.M.Lakshminarayanan
From India, Madras
You have worked on contract for one year and four years on roll. Since new employee number and PF number assigned to you after one year legally speaking you are not entitled to Gratuity till you complete another one year. However Employer at his own discretion, as a gesture to your 5 years work period may consider that one year also for the purpose of Gratuity calculation. It is not clear whether you are still continuing or left from the services of the Company. If not resigned at the time of resignation please make a request to consider that initial one year period aswell for Gratuity calculation.
Above all please check whether your employer comes under the purview of Gratuity Act as criteria stipulated by the Gratuity Act.
Regards
V.M.Lakshminarayanan
From India, Madras
I was on contract from 07-07-2014 to 06-06-2015 Since 07-06-2015 was a sunday my appointment letter in from 08-06-2015.
Also even when I was under contract I was paid directly from the company Payroll and no contractor has paid me.
Also even when I was under contract I was paid directly from the company Payroll and no contractor has paid me.
Do you mean to say there is involvement of any other separate contractor but you worked in the same co. but under a separate short term contract say one year. If it was for more than one year, does't mean old contract was closed or terminated after one year.?? Any increase in emoluments compared to old contract period.
Did the contract job involved any appoint letter or an agreement. Who signed that apptt.letter or contract.
Are you continuing or left the job now.
Pl.describe full details so that we can apply properly.
From India, Bangalore
Did the contract job involved any appoint letter or an agreement. Who signed that apptt.letter or contract.
Are you continuing or left the job now.
Pl.describe full details so that we can apply properly.
From India, Bangalore
If you have worked under Same Principal Employer for 5 Years you are eligible for Payment of Gratuity.You submit your Claim to your Employer.Having 2 Employee ID & Having 2 PF Member ID will not dis entitle you from Gratuity.You have to mention your Original Date of Joining (On Contract)
From India, New Delhi
From India, New Delhi
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc