Am I Eligible for Gratuity After Contract Work? Seeking Advice on Next Steps in Kolkata

Hi,

As per the Gratuity Act, an employee is eligible for gratuity after completing five years of continuous service. However, in my last organization, I worked the first year on a contract basis and received salary upon signing the voucher. After that, I worked for over four years as a permanent employee. Am I eligible to receive gratuity in this case? If the employer does not agree to pay gratuity based on this situation, to whom should I appeal?

Also, could you provide me with the address and phone number of the Labour Commissioner in Kolkata?

I am eagerly awaiting your prompt response.

Regards,
Sanjoy
Kolkata

In order to be eligible for gratuity, you need to be in continuous service for 5 years. During your first year of service, if you had not signed the muster rolls, your service for that year will not be counted. The term "contract" in your case is understood as a period of employment and not as if you were engaged by some contractor. Payment by voucher can be taken as an argument in your favor. If you could prove that you were employed in work that was later regularized, you can receive gratuity. The test of employment initially comes from the muster roll. Therefore, please ensure that your name appeared in the muster rolls right from year one onwards.

Regards,
Madhu.T.K

Hi, you had worked on a contract basis for one year and 4 years on a permanent basis, meaning you have not worked continuously for 5 years of service. Hence, you are not eligible for gratuity.

Regards, Narayan

Dear Mr. Madhu,

I would like to express my views, please correct me if I am wrong.

In general, if an employee is required to work on a contract basis, the name of such employee will not be included in the regular muster roll (he might have worked directly under the company's contract or through a contractor, which is not clear here in this case).

Also, once the contract period expires, the service of the employee ceases, and from the very next day, the employee will be a new employee for the same organization.

Please provide your inputs.

-Saravana Rajan

Hi,

Your claim for gratuity cannot be complied with as you have not completed 5 years of continuous service in the organization. However, if you have any documents to prove that you have worked in the organization on a temporary basis and later regularized, you can fetch your gratuity.

G MANNAN
GEMS HR SERVICES

I repeat; the test of employment is primarily the muster roll. If he has not signed the muster roll for the first year, he will lose that year. However, if he is appointed by the company, perhaps for a period under a contract, he is deemed to be a regular employee. However, to prove this, he has to ensure that he was paid by voucher for the first year but was doing work of regular nature.

Regards, Madhu.T.K

Dear Sanjoy,

If you have worked at least for 4.5 years of continuous service, you will be eligible for Gratuity. You can claim Gratuity if:

1. You must have signed the muster roll while you are in a contract.
2. After 1 year of service, you must have been nominated for gratuity.
3. While in a contract, whether ESI, EPF is deducted from your salary by the principal employer.
4. Your contract signed copy and confirmation order will be an added advantage.

Regards,
Ramalingam.V