Umakanthan53
Labour Law & Hr Consultant
Suresh2511
Labour Consultant
+2 Others

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If a person appointed as advisor in a company for a fixed term of two years and term extended for more than eight years. Is he eligible for gratuity on closing of his contract?
From India, undefined
Dear Pathak,
As per the recent amendment to the IE(SO)Central Rules, employees on FTC are eligible to proportionate gratuity irrespective of the length of their fixed term. That apart, if the advisor is not a consultant on retainer basis, since he has been on contract basis continuously extended for more than 8 years, he would automatically be entitled to gratuity for the entire service on the close of the contract.

From India, Salem
If there is no such provision in Payment of gratuity Act,how can a FTE with less than 5 years service get gratuity under a rule? We have a rule 25 under CLRA central rules for same wages for CL as that of regular employees doing same job.
From India, Thiruvananthapuram
Dear Mr. Pathak,
If the advisor had signed fresh offer after every 2 years and not extension, in such cases he is not entitled for gratuity for earlier period. However, as per the new Code on Wages, he may get gratuity for the running contract or the contract signed hereafter for FTE.
Regards,
Suresh

From India, Thane
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