Gratuity - Payroll [Thread 569061]

Employee completed 5 y 11 months in an organisation. She was initially working as an employee and not on payroll to the organisation.
She was on payroll from 2013. She has given her resignation and wanted to find out is she eligible for gratuity as she has continuously worked in the same organisation and her experience letter, offer letter, performance appraisal- all her documents has 2010 as her date of joining year.If management is not liable to pay gratuity, can she fight.

Dear Sandra,
This is with regards to your above post...
I understood the case but the information furnished by you it's not in proper line.
However, for statutory benefits such as PF_ESI_Bonus & Gratuity eligibility date to be considered as per the date of appointment letter.
Gratuity eligibility _ As per the provision under payment of Gratuity act, An employee will be eligible for Gratuity after completion 5 years of service. OR 4 years of service and completed 240 in 5th years. ***Under the light of Madras High Court Order
If your friend total years of service as per appointment letter is 5 years OR 4 years and 240 days than YES she will eligible for Gratuity otherwise NO.
Thanks,
Ubaid Raheman.

Her Employment letter, Experience and her salary slip has her DOJ as 31/07/2010.
So in that case, is she eligible for gratuity

Yes she is eligible for Gratuity.
For your kind info if any employee joins any organisations how can you consider them as off role employee? It is unfair practice. From the day 1 of joining he/she is eligible for all the benefits of the organisation

Hi Jeeva,
I do agree with you... "From the day 01 an employee will be eligible for all statutory benefits"
But, still i am confuse, as Sandhya said, she was on payroll from 2013. Than how company issued her Letter of Appointment and other relevant documents from 2010.
Here i presumed that, prior to 2013 she may be worked as Consultant / Retainers or Contract basis. if am correct then she will not eligible for gratuity.
@Sandhya_ please do confirm her nature of employment from 2010 to 2013.
Thanks,
Ubaid Raheman.

Dear Sandhya,
I agree with Mr.Reheman,
You say that she was on payroll from 2013, which means she is yet to complete 5 years and hence is not eligible for Gratuity.
However you say, she has received appointment letter which is effective 2010, so what was this appointment letter for, if she was not on payroll?
This is confusing, so please clarify her nature of employment from 2010 to 2013..which will help the group guide you better.
regards
Vineeta

Letter of appointment carries full and clear contents of remunerations, welfare parts like PF, Insurance, Transport, Gratuity and there is always mention about benefits since when appointee will be eligible to.An employee joining new will be eligible to regular benefits of his/ her cadre from date of appointment, which I am sure,employees of company are communicated through Appointment letter and likewise she should be also have similar situation.
Its first cut reply, based upon few information but more inputs after reading her appointment letter can be advised.
Regds,
RDS Yadav
Labour Law Advisor