Confused About Gratuity Eligibility After Contract to Permanent Transition? Need Guidance!

srshsharma
I joined the company on 25-05-2009, and the agreement was in effect until 31-03-2010. A week ago, HR called me and confirmed that starting from 1st April 2014, I would be an on-role employee. Now, I have resigned on 27-Nov-2014, and I am asking HR about my gratuity. They simply stated that my confirmation date of employment was 1-Sep-2010, and my PF deductions also started from that date. I kindly request your guidance on this matter.

Regards,
Suresh
mail8013
The details pertaining to the dates given and the events/incidents mentioned are confusing. Kindly use small statements and provide precise details. Moreover, you need to inform us:

1. On what basis did you join the company on 25-5-09? Did the company provide you with any documents/letters, or do you have any evidence like a salary slip?

2. What do you mean by "agreement"? Is it an appointment order or a service agreement? Can you share the same?

3. The line "before one week ....... role employee" is not clear to me. Please rewrite it properly.

Cheers,
AB
srshsharma
I joined the company on 25-09-2009 as a Coordinator on a contract basis. The company provided me with an appointment letter dated from 25-05-2009 to 31-03-2010. Yes, the company also provided me with a payslip. Before the contract ended on 31-03-2010, HR called and informed me that starting from 1-April-2010, I would be a permanent employee. Now, in the month of November, I have decided to resign.

Regards
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sespri@gmail.com
As mentioned, if the company had issued an appointment letter from 25-05-2009 to 31-03-2010, which may be on the contractual roll and mentioned the name of the contractor later on, the company may have issued a fresh appointment letter in its name, then the applicability of the gratuity does not exist. However, you may still file a labor complaint at the local labor office, stating that the later appointment.
srshsharma
No, I didn't receive a fresh appointment letter. The company is saying that from September 1, 2010, onwards, I have been converted to an on-role employee.
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