Chandra Mohan 26 May 2017

Gratuity for permanent & contract clubbed service

Sir,

I am working in an MNC company since 5.7 years without a break. At the age of 63 years I was offered a permanent employment & continued to work till 31.10.2016 as perm,anent employee from 2011.Dec.15th. Sudedenly the Management has put me on contract employment before I could complete 5 years to become eligible for Gratuity.after 15.12.2015. They have given a break instead they took my resignation & request for continuing service & provided contract employment from 01st.Nov.2016. Now they say I am not eligible for gratuity. Hence please let me know whether I can claim gratuity for over 5 years of service or not?

Please reply soon

With regards

Chandra Mohan

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5 Replies

Kumar Doab (FIN) 26 May 2017

Originally posted by : Chandra Mohan
	Sir, I am working in an MNC company since 5.7 years without a break. At the age of 63 years I was offered a permanent employment & continued to work till 31.10.2016 as perm,anent employee from 2011.Dec.15th. Sudedenly the Management has put me on contract employment before I could complete 5 years to become eligible for Gratuity.after 15.12.2015. They have given a break instead they took my resignation & request for continuing service & provided contract employment from 01st.Nov.2016. Now they say I am not eligible for gratuity. Hence please let me know whether I can claim gratuity for over 5 years of service or not? Please reply soon With regards Chandra Mohan

Pls redraft it and clarify what exactly you mean!

Ms.Usha Kapoor (CEO) 27 May 2017

yOU ARE ENTITLED TO GRATUITY DURRING YOUR REEMPLOYMENT PERIOD OR CONTRACT OF EMPLOYMENT PERIOD.

Chandra Mohan 27 May 2017

Though there is no break in service, the management has taken my resignation and then put me on contract from next itself. Accordingly contract letter has been given to me. Hence please let me know whether I am still eligible for gratuity. Regards Chandra mohan

Chandra Mohan 27 May 2017

Kumar Doab (FIN) 28 May 2017

The service has ended with resignation. It has apparently been never contested that resigantion was demanded by employer and tendered under some duress/force/pressure ....

You have the option to claim that it was artificial break created in records so as to avoid payment of Gratuity……………………and try to defeat the contentions of employer.