Sudhir S. 24 June 2018

Gratuity for OJT employees serving 5+ years

I have worked in a company for 5 years 5 month. For personal reason I have resigned to my position. I applied for PF amount, it is under process. After 2 month I have received F&F settlement. But when I asked about the gratuity payment my HR saying that there will be no gratuity for On Job Training(OJT) employees. How can OJT employee working for 5 + years & is it any law for OJT employees with respect to Gratuity payment. Please guide me the OJT guidelines & how can I handle through law. Naveen

Reply Follow

3 Replies

Pradipta Nath (Advocate) 25 June 2018

See first of all undertand that if you are an OTJ under the Apprentice Act, you are not eligible for the Payment of Gratuity. If you are a trainee or whatever you will be entitled for Gratuity. It seems that the HR is not well aware of the law and therefore often determine self proclaimed laws. Please in case you are OTJ other than engaged under the Apprentice Act, apply for the Gratuity, get the communication on its rejection and accordingly get prepared to contest it before the Labourt Court.

Let the Court decide who is eligible for Gratuity and who is not!

1 Like

B N MISHRA 30 September 2018

I am employed in the same company.after my retirement. I took all my dues from the company at the time of retirement. But I am still in service with the company for lasr six years. Am I eligible for gratuity from the employer? Kindly suggest.

Pradipta Nath (Advocate) 08 October 2018

Yes you will be eligible for Gratuity as in the Gratuity there contains nothing that can stop an employee to get gratuity if he has completed 5 years of continuous service. You may be retired then took your Statutory dues and re-employed, you will be still eligible for Gratuity if you fulfill the criterion as held in Section 4 of the Payment of Gratuity Act.