Hi, I have joined company in 2006 on contract payroll and later on in 2007 shifted to company payroll. In 2017 resigned and company has given gratuity from 2007 to 2017. I just want to know if i am eligible for gratuity for 11 years or 10 years. Please help in this concern
From India, Gurgaon
From India, Gurgaon
Dear Mini uda ji, First of all, u did not mention when you borne in Mustor roll. Your first joining on third party, No count of month, 6 month exceeding is counts 01 yrs.
From India, Pune
12From India, Pune
sir as mentioned from april 2006 till march 2007 was on the same role on third party contract and from april 2007 till january 2017 on company payroll.
From India, Gurgaon
From India, Gurgaon
Dear Mini,
For the period you were on contract roll you are not eligible for Gratuity. As you were working under completely different employer and gratuity is payable if you work for minimum of 4 years and 240 days under single employer. Thus you are entitled for gratuity since 2007 and not from 2006. Hope this will resolve your query.
For the period you were on contract roll you are not eligible for Gratuity. As you were working under completely different employer and gratuity is payable if you work for minimum of 4 years and 240 days under single employer. Thus you are entitled for gratuity since 2007 and not from 2006. Hope this will resolve your query.
1. What I understand is that for one year you were on Contractor payroll and after one year shifted to Employer payroll.
2. I have following questions;
a. What was your role there on contractor payroll? To whom you were reporting?
b. Is your role same? Are you reporting to same position/person?
c. Does contractor's letter speak anything about your posting.
d. Contractor is a company or firm?
e. If contractor is a company does it have any links with the director of the present company?
3. After above information is shared proper reply can be given.
From India, Thane
2. I have following questions;
a. What was your role there on contractor payroll? To whom you were reporting?
b. Is your role same? Are you reporting to same position/person?
c. Does contractor's letter speak anything about your posting.
d. Contractor is a company or firm?
e. If contractor is a company does it have any links with the director of the present company?
3. After above information is shared proper reply can be given.
From India, Thane
In continuation of the mail from Mr.Bharat Gera, I have few suggestion, if the contract service is part and parcel of the present service and if it is under same management and the past services of yours have been transferred to present service to count for the terminal benefits and the present management is in agreement with your past services, then,in all probability you may claim that one year gratuity. If the present employer does not consider your past services and issue a fresh service agreement from 2007 then you are bound by that. So there are lot of legal implications and find out the employer - employee relations.
Hope this would help you to clarify your stake
From India, Chennai
Hope this would help you to clarify your stake
From India, Chennai
Yes. You are eligible for Gratuity for 11 years as you served for the same organisation for 11 years without breaking the service. No where mentioned in the Gratuity act that services on contract basis does not count for paying Gratuity.
From India, Bangalore
From India, Bangalore
You are eligible for gratuity for the period you were on the contract role. Your present employer is liable to pay you as principal employer.
From India, Thane
From India, Thane
Thanks for revert.
Management is not agree to pay for that period.As when i had go through gratuity act,it seems if principal employer is same then you are eligible even if you sre on contract basis,i have joined as D.E.T but it was also a mistake cause my profile was non technical and was doing data entry operator,later on as was MBA in HR shifted to HR as a single person in unit but not mention on document .Joining was in 2006 march and shifting to HR has been done in Oct-November 2006 and formalized inn 2007 April and from that started on company payroll.
From India, Gurgaon
Management is not agree to pay for that period.As when i had go through gratuity act,it seems if principal employer is same then you are eligible even if you sre on contract basis,i have joined as D.E.T but it was also a mistake cause my profile was non technical and was doing data entry operator,later on as was MBA in HR shifted to HR as a single person in unit but not mention on document .Joining was in 2006 march and shifting to HR has been done in Oct-November 2006 and formalized inn 2007 April and from that started on company payroll.
From India, Gurgaon
Approach Gratuity Authority which is labour commissioner of the area, explain the details to him and file an application for the same. If they fail to help you, approach conciliation officer which is also the labour commissioner and raise an industrial dispute if you fall in the category of workmen under section 2(s) of thee Industrial Disputes Act.
From India, Thane
From India, Thane
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx