Am I Eligible for Gratuity After an Unpaid Service Break at My University?

Hello Sir, I am working as a professor in a private university. I was recruited in August 2016 as a full-time fixed-pay employee. From July 2018, my university put me on the official pay scale of a professor. However, they did not pay me for 5 days from July 1 to July 5, claiming a service gap, even though I was present on all those days. They also changed my employee ID.

Eligibility for Gratuity

In this case, am I eligible for gratuity? I am still working in the same place (more than 5 years since August 2016). They did not request a resignation letter when they changed my pay scale, nor did they provide an experience letter for the initial service before the 5-day service break.

Employment Terms and Conditions

Another issue I want to address is that on my initial joining letter, there is no mention of terms like "Adhoc," "Contractual Job," or "Part-time." They specifically mentioned full-time employment. Additionally, when I joined, they provided me with a set of rules and regulations, one of which stated, "During this employment period, you are not eligible for any gratuity and any kind of allowances." They obtained my signature on this document, and I have a copy.

Am I still eligible for gratuity?

I think that the poster still continues in the service of the University. The question of payment of gratuity would arise only on the formal and final termination of his employment.

Till then, the artificial break in service, change of pay scales, and mode of payment wantonly made by the University would be inconsequential so far as his eligibility and entitlement to statutory gratuity are concerned. So, let the poster be quite calm without showing any explicit protest but should keep all the documents of his employment intact and safe.

Contracting out by an employee is prohibited under labor jurisprudence. Therefore, the poster need not bother about the illegal undertaking obtained by the University from him.

I wonder whether such a prominent center of higher education like a University is actually run by educated people.

Even if the poster's services are terminated by the University tomorrow or he resigns his job even now, he is certainly eligible for gratuity under the Payment of Gratuity Act 1972 as he has already completed the minimum qualifying service fixed under the Act. The artificial breaks in service would automatically merge with the actual service under the deeming provisions of section 2-A of the Act.

Another thing I would like to ask is, is gratuity applicable for contractual appointment or ad-hoc appointment? Is it valid if an employer is forced to work after office hours? It means they are being asked to work 24x7.

Thank you for your quick response. This would be really helpful for us.

Dear Colleague,

The earlier reply given by our learned colleague is very clear. For your next question, kindly note that except for "Apprentices," whatever name they call, you are eligible for Gratuity on termination of employment by resignation or retirement after rendering 5 years of continuous service. Kindly read the below provision. Being a Professor, you are very well eligible for getting Gratuity on completion of employment by way of resignation or retirement.

Eligibility for Gratuity

2 (e) "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical, or clerical work, whether the terms of such employment are express or implied, and whether or not such a person is employed in a managerial or administrative capacity but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.

Working Hours and Employer Expectations

On your second point, it is not humane or lawful for the employer to ask someone to work 24/7. However, they have the right to ask you to be in touch or connected with the institution 24/7 if you hold a key role in your organization. You will be governed by the Rules of the University on working hours if you are in Teaching. Kindly check.