Gratuity eligibility
2 years ago
Dear Sir/Ma'am,
Requesting a suggestion weather Iam elegible to get Gratuty or not from my employer?
Job details: 42 months of contineous service as 21 months as Fixed term Contract & 21 months as stamdard term contract.
06-March-2018 - Joined as Fixed term contact employee for 6 months,
01-Oct -2018 - Contract extended to 15 months till 31-Dec-2019 (15 Months),
01-Jan-2020 - Converted my employment from fixed term to standard term with out changing my joining date as well as with out any increments/benifits/Gratuity settlemet for these 21 months of contineous employment.
On 5 nov 2021 I have reisgned my job and completed handove/notiece period as per terms of contract.Now company claiming that Iam not elegible for Gratuity.
"If you see my 42 months contineous employment I have served 21 months in Fixed term contract & 21 months as standard/confirmed employee".
Please let me know weather Iam elegible for Gratuity or not.
As per section 4 of the Payment of Gratuity Act 1972, an employee is eligible for gratuity if he has rendered service with the same employer for a period not less the 5 years (60 months) on his resignation.
Thank you
To be eligible for gratuity one has to be in continuous service for 4 years and 240/190 days then only he/she can be eligible to ask for gratuity. As you mentioned that you 42 months of service hence they are right in their decision.
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