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Salil J   01 December 2017

Query on gratuity

Hi,

I have a query regarding Gratuity. I was employed from 19-Jul-2012 to 28-Apr-2014 as a Fixed Term Hire (Contractual employee). I was full-time employee, and received PF during this tenure. I ended that contract on 28-Apr-2014, got Full and Final settlement, and got a regular position starting 29-Apr-2014 in the same company (however, it was considered as a new appointment, my employee ID changed) and served till 10-Aug-2017.

1. Will I be eligible for Gratuity?

2. Can someone please provide me legal refererences that would explicitly cover above situation under Gratuity Act?

I would highly appreciate any help.

 

Thanks,

Salil



Learning

 29 Replies


(Guest)

A good academic question.

 

1 Like

(Guest)

If there is any reality in your case, all depends upon the nature of order of appointment on regular basis, which you may get examined physically for analysis of the ordder and further guidance.

1 Like

Salil J   01 December 2017

Thanks, I really appreciate your quick responses! Order of appointment on regular basis does not talk about previous contract in any way, but can you please shed some light on what kind of analysis can be done on this document? Thanks, Salil J

Salil J   01 December 2017

Thanks, I really appreciate your quick responses!

 

Order of appointment on regular basis does not talk about previous contract in any way, but can you please shed some light on what kind of analysis can be done on this document?

Thanks,

Salil J


(Guest)

Already advised as per the facts made available through your descripttion. Tutorials for academic query should not be eexpected.

 

 

Kumar Doab (FIN)     01 December 2017

In order that FTC is not confused with employment thru contractor; you may clarify if your employment was as Contractual Employee made under some contractor or by the same company that absorbed you in regular employment or the salary during FTC was being paid by (Principle) employer that absorbed you in regular employment!

 

Was there any component towards Gratuity in FTC/Contractual employment/Employment thru contractor and was it paid in FnF !

Kumar Doab (FIN)     01 December 2017

You have clarified that you were full time employee (during FTC) and there was NO considerable gap in FTC and regular employment.

Have you written to (same employer) employer and waht is the reply!

What is the establishment; Govt/PSU/Private; Industrial/Commercial etc and do you have copy of applicable service rules !   

1 Like

Salil J   01 December 2017

Let me rephrase my query:

What document(s) should I gather and approach a lawyer so that they can understand the matter fully?

Thanks,

Salil

Kumar Doab (FIN)     01 December 2017

It is good that you are quick to understand.

In addition of docs hinted above, standing orders if applicable, your written request to employer and reply by employer... 

Salil J   01 December 2017

Appreciate your response. To anwser your queries -

1. My FTC tenure was through the same employer, and I was not hired through a Contractor. Both my appointment letters are from the same entity/employer/company.

2. This is Private Commercial MNC (I am a Computer Engineer).

3. There was no mention of Gratuity component in FTC appointment letter, nor was I paid any Gratuity amount in 2014.

4. Here is the response from the employer:

"We would like to inform you that the employment contracts for the period of services where different and your FTH contract was specific to defined period. 

Hence on this background the gratuity computation to consider the two different contract period as continuation cannot be considered. "

 

Thanks,

Salil

Salil J   01 December 2017

I see, thanks for the details on the list of documents. Sorry for the naive question, but what are 'Standing Orders'?

 

Thanks,

Salil

Kumar Doab (FIN)     01 December 2017

Originally posted by : Salil J
Appreciate your response. To anwser your queries -

1. My FTC tenure was through the same employer, and I was not hired through a Contractor. Both my appointment letters are from the same entity/employer/company.

2. This is Private Commercial MNC (I am a Computer Engineer).

3. There was no mention of Gratuity component in FTC appointment letter, nor was I paid any Gratuity amount in 2014.

4. Here is the response from the employer:

"We would like to inform you that the employment contracts for the period of services where different and your FTH contract was specific to defined period. 

Hence on this background the gratuity computation to consider the two different contract period as continuation cannot be considered. "

 

Thanks,

Salil

 

The tenure of service in accordance with provisions of Payment of Gratuity Act, 1972  app. 05Y00M30D culd have been considered by employer.

You may certainly approach the LOCAL lawyer as already decided by you and show all docs in person.

Take care that the LOCAL lawyer/Law Firm is senior  lawyer of unshkable repute and integrity specializing in Labor/service matters and having successful track record.

For LOCAL lawyer/Law Firm; You can check at LOCAL Labor Court/CGIT and O/o Appropriate Govt;Controlling Authority of Gratuity  that might be ALC/ALCC......

1 Like

Salil J   01 December 2017

Mr. Kumar, thanks a lot for your quick and informative responses. This was really helpful.

@Others - thanks for the your opinion on the matter, that would be valuable.

Thanks,

Salil

Kumar Doab (FIN)     01 December 2017

Originally posted by : Salil J
I see, thanks for the details on the list of documents. Sorry for the naive question, but what are 'Standing Orders'?

 

Thanks,

Salil

 

I am not surprised.

Many of the employees do not become properly informed.

Majority of the employees are becoming properly informed.

There are many IT/ITeS employees unions and are embraced by Trade Unions.

Ask the seasoned leaders and they shall help you and even stand with you and support for your cause.

Seasoned leaders may even appear and/or if required suggest you LOCAL Layer/Law Firm.

On your own you may go thru; Industrail Employment Standing Orders Act, Model Standing Orders that are usually available on website of Dept. of Labor of states...

 

 


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