Temporary Employee Eligible For Gratuity Or Not?

Dear all,
In my Industry a person ready for retirement. He was worked from 1998 to 2003 as a temporary employee. after that he was regularised and his service was confirmed.
Now I want to prepare his full and final settlement.
The question is can I take his Gratuity service from 1998 onwards or not?
That means " Is a temporaty employee eligible for gratuity or not?"
If he is eligible for gratuity from that temporaty service, on which basis (please mention the act and section) he is eligible?
Please help me........

Dear
There is nothing like permanent,probation,temporary,casual etc. for entitlement or non- entitlement of gratuity for an employee. If any person has worked in the capacity of an employee as defined under section 2(e) of the Payment of Gratuity Act,1972 then he become eligible to have gratuity from the employer if he have render five years or more of continuous service with the same employer. Thus he is entitled to have gratuity for his temporary employment also.
opinion submitted as requested.

Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

Dear Mr PVK Pradeep,
I agree with the suggetion of Mr R.N.Khola. The employee who is having continuous service for 5 years is entitle for grutuity as per the provisions of gratuity act. This enactment doesnot define the category of employees who are eligible. Except an Act apprentice all categories of employees are eligible to get the gratuity if they work for 240 days in a year and work for not less than 5 years continuous service.
In my opinion, the service completed by the employee under reference as daily wager or NMR or tempororily shall also be taken into consideration to determine the payment of gratuity.
Regards
NVRao
Hyderabad

Yes,
Above said wording fact the employee should furnish 240 days in a year and same up to 5 year will be eligible for the gratuity whatever he comes on temp,perm,cotract etc.
with regards

sir,
Same problem happen with me also.. i have join X company from 25-may-2009. and from 1-9-2010 onwards company confirmed as a permanent. now i have resigned nov.2014. as i calculate from 25-may-2009 completed 5years+ in this company. but company is not given the gratuity payout.
kindly help out of this..

I was appointed on permanent employment, after my earlier retirement, when I was 62 years. On completion of 67 years of age the management has placed me on Contract basis without any break. Now I have completed 5 years & 6 1/2 months in the same company. Now the management says I am not eligible for gratuity. Is it so. Please help me

Dear all

Request to please help of below query.

how to calculate gratutiy for Part timer employee.

1) if employee basic salary is Rs. 240 Per day or rate Rs. 30 per hour and his compelte his grautity tenure

From the data providing in the post, it appears that Minimum wages is not being paid to the concerned part time employee.

To my opinion it should be paid on minimum wages as applicable for the employee.

The gratuity amount then be (Minimum wages as applicable) *15*Yrs of completed service/26.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
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