Dear Colleague,
As per the information furnished by you, you joined as a Probationer in 2016 on a 6-month probation. As of now, you have worked for a total of 5.5 years without any confirmation letter.
Your questions addressed
You have raised basically two questions:
Notice period requirement
Your question is whether you need to serve a 3-month notice period. In the event of no confirmation order, normally the talent continues on probation but may be extended for a maximum of another 6 months only. Certainly, no one can be on probation for 5.5 years. All said and done, it is construed that you have served as a Permanent Employee in the Company. Normally, in the case of a Probationer, the Notice Period is 1 month, and for Permanent Employees, the notice period is 3 months. Hence, it is strongly suggested that you serve a 3-month notice period in total and then get F&F/get relieved smoothly.
Eligibility for Gratuity
With regard to Gratuity, as you were appointed as a Probationer and have completed a total of 5.5 years of service, you are entitled to receive Gratuity under the Payment of Gratuity Act 1972. You may apply for Gratuity if not paid by the company along with F&F. Normally, the company will pay along with F&F. If for any reason your gratuity is denied, you may approach the HR of the company and claim your gratuity. If it remains unresolved, kindly raise a case before the Controlling Authority (Assistant or Deputy Labour Commissioner) who is the Authority under the Payment of Gratuity Act 1972 and will ensure that your grievance is redressed in line with the legal provisions upon merits.
God Bless,
Dr. P. SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu