Dear Colleague,
Technically, the employment contracts - "Fixed Term Employee" and Fixed Period Contract are different. If you were appointed as a Fixed Term Employee under the Standing Orders of the Establishment, then you are eligible for gratuity for every completed year. For example, if you work for 1 year only, then technically you are eligible for gratuity for that 1 year. The 5-year condition is not applicable. The New Code on Labor Proposed is very clearly coming up on this provision. In the case of existing Fixed Term employees, you need to go with the Standing Order and your Terms and conditions of appointment as per the employment contract for the time being until the new Code on labor is implemented. It will be prospective only most likely and will not be retrospective.
In the case of a contract engagement on a fixed-term period, probably, you are to complete 5 years. Even in this case, if you had completed 4 years and in the 5th year, if you had completed 240 days of work (inclusive of authorized leave, maternity leave, lay off, leave with pay, actual days of work), then also you are deemed to have completed 5 years and you can very well claim gratuity. In such a case, you are eligible for gratuity. Hence, check internally and then proceed for a claim.
From India, Chennai
Acknowledge(0)
Amend(0)
337Technically, the employment contracts - "Fixed Term Employee" and Fixed Period Contract are different. If you were appointed as a Fixed Term Employee under the Standing Orders of the Establishment, then you are eligible for gratuity for every completed year. For example, if you work for 1 year only, then technically you are eligible for gratuity for that 1 year. The 5-year condition is not applicable. The New Code on Labor Proposed is very clearly coming up on this provision. In the case of existing Fixed Term employees, you need to go with the Standing Order and your Terms and conditions of appointment as per the employment contract for the time being until the new Code on labor is implemented. It will be prospective only most likely and will not be retrospective.
In the case of a contract engagement on a fixed-term period, probably, you are to complete 5 years. Even in this case, if you had completed 4 years and in the 5th year, if you had completed 240 days of work (inclusive of authorized leave, maternity leave, lay off, leave with pay, actual days of work), then also you are deemed to have completed 5 years and you can very well claim gratuity. In such a case, you are eligible for gratuity. Hence, check internally and then proceed for a claim.
From India, Chennai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.