Am I Eligible for Gratuity After 5.5 Years as a Contractor and Employee? Seeking Advice

Hello Esteemed People,

I have worked as a contractor for 1 year with a client and 4 years 6 months on the client's payroll, totaling 5 years and 6 months. In this case, will I be eligible for gratuity? If yes, what are the pointers I should bring to HR's notice? Please share your valuable opinion.

Dear Tarun, your engagement with the said client as a contractor for an earlier period of a year is simply based on a contract for service, creating no substantial employment relationship of employer and employee between the client and yourself. Therefore, it cannot be added to the later period of 4 years and 6 months you served under the same client as an employee by means of a contract of service so as to enable you to claim gratuity under the Payment of Gratuity Act, 1972. Only upon the completion of not less than 5 years of continuous service under the same employer as an employee, you are eligible to claim gratuity in case of any normal termination of your employment.