I have been working for an organization for the last 6 years. However, my primary employment was with two different agencies for 4 years, and with the principal employer for 2 years. Now that I am resigning from the organization, kindly guide me on whether I am eligible to claim gratuity from the principal employer (with whom I spent a total of 6 years).
From India, Hyderabad
Acknowledge(0)
Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Gratuity Eligibility and Employer Responsibility
If your organization is dynamic, they (PE) will pay you gratuity for 6 years. If not, they will show you the law stating 4 years with the agency (not eligible for gratuity) and 2 years with PE (also not eligible for gratuity).
In my opinion, this is a type of exploitation. You should claim gratuity from the PE and observe their response. If your service has any continuity from the agency to PE, then it has some merit. When you claim gratuity from the PE, attach any document showing service continuity from the agency to PE.
S K Bandyopadhyay (Howrah, WB) CEO-USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)
367If your organization is dynamic, they (PE) will pay you gratuity for 6 years. If not, they will show you the law stating 4 years with the agency (not eligible for gratuity) and 2 years with PE (also not eligible for gratuity).
In my opinion, this is a type of exploitation. You should claim gratuity from the PE and observe their response. If your service has any continuity from the agency to PE, then it has some merit. When you claim gratuity from the PE, attach any document showing service continuity from the agency to PE.
S K Bandyopadhyay (Howrah, WB) CEO-USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Contract employee & Principal employer 2017.pdf
Pf employment history.docx