I was employed as DGM IT under an agreement for service on a yearly basis for the past 6 years. There were a total of 6 agreements signed every year between me and the same company without any loss of a single day. I had worked with them for 6 continuous years. I was getting the remuneration/honorarium on an incremental basis as agreed in the agreement on a monthly basis. I was allotted the employee number, was following all the attendance rules and regulations, and was eligible for leave. The full and final statement displays the Date of Joining (DOJ) as 12/07/2010 and the date of leaving as 11/07/2016, with the salary stated as the contract amount.
My query is whether I should be treated as an employee of the company and the remuneration/honorarium I was receiving as wages, and hence, I am eligible for Gratuity under the Gratuity Act 1972. Please respond!
From India, Mumbai
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6My query is whether I should be treated as an employee of the company and the remuneration/honorarium I was receiving as wages, and hence, I am eligible for Gratuity under the Gratuity Act 1972. Please respond!
From India, Mumbai
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May we know what among the various conditions in the contract prompted you to raise this question on gratuity?
From India, Salem
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From India, Salem
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On the proper advice received from Umakanthan sir, I dared to approach the Labor Commissioner and filed a suit against the Management. After one long year, the Management came forward and accepted my claim, offering to settle the matter out of court. Accordingly, the company has paid me the agreed Gratuity.
I must appreciate and thank Mr. Umakanthan Sir for his prompt advice on this blog.
Thanks, Sir
From India, Mumbai
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I must appreciate and thank Mr. Umakanthan Sir for his prompt advice on this blog.
Thanks, Sir
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx