Am I Eligible for Gratuity Under Fixed-Term Employment with the New Gratuity Act?

Eligibility for Gratuity Under Fixed-Term Employment

I was employed with an organization on a contract basis/fixed-term employment and worked with them for a tenure of 2 years and 3 months. Each year, my contract was renewed. I had gratuity as a component in my CTC. From what I have been reading and watching about the new Gratuity Act, contract employees will be eligible for gratuity before completing 5 years.

My only question is, as I was working on a fixed-term employment basis until March 25, 2022, will I be eligible for gratuity? If yes, how should I claim it because my employer is denying it and referring to the old gratuity code of 5 years minimum employment?

Implementation of the New Gratuity Act

Is the new Gratuity Act implemented wherein fixed-term employees can receive gratuity on a prorated basis after completing 1 year? I am from Maharashtra.

Eligibility for Gratuity in Fixed-Term Contracts

You should complete 5 years to claim gratuity. The law allowing gratuity to those who are employed for a fixed term for a period of less than 5 years has not been enforced until now. Once enforced, those who have to leave the company due to non-renewal of a contract will be eligible for gratuity even if the total service is less than five years. The important thing to note is that this eligibility is not available to all employees on a fixed-term contract but is available only when the employee on a fixed-term contract has to leave following non-renewal of his contract and not when he resigns and goes.