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Discussion > Labour & Service Law > Gratuity > a typical case study of gratuity   Unanswered Threads Post New Topic

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There are 3 Replies to this message

Jayati Tapadar

HR Consultant
[ Scorecard : 24]
Posted On 29 September 2010 at 15:37 Report Abuse

An employee has been taken for employment as retainer with effect from 01.09.2005 to 30.11.2005 which was renewed again 01.12.2005 to 28.02.2006.

His terms of employment was again renewed on 01.03.2006 to 31.08.2006. Now the company gave him an appointment on contract for three years from the period 05.09.5006 to 04.09.2009 which was renewed again on 05.09.2009 for another period of three years of employment.

The employee was getting PF and ESI as per act from the day one of his employment. He left the organisation on September 2010 at the completion of five years of employment.

My querry is whether thius employee will be eligible for gratuity or not.



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mahesh pandey

Vice President
[ Scorecard : 114]
Posted On 29 September 2010 at 19:07 Report Abuse

Yes he is eligible 2 get gratuity.



Total thanks : 1 times

Isaac Gabriel

Advocate/ Arbitrator
[ Scorecard : 5864]
Posted On 29 September 2010 at 19:31 Report Abuse

Section 2 A of the Payment of Gratuity Act 1972 makes an employee eligible for Gratuity if he has completed five years of continuous service.

Kirti Kar Tripathi

[ Scorecard : 12247]
Posted On 02 October 2010 at 08:42 Report Abuse

Yes, he is entitled for gratuity under Section 2 of the PGA.

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