Case Study: Mr "A" joined our organization at the age of 61 in the year 2012. He received an appointment letter for the position of "Purchase Head." Now, he wishes to discontinue his job and is seeking gratuity as per the act. Is gratuity payable to him?
From India, Mumbai
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From India, Mumbai
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Hi,
If Mr. A served on a full-time basis as a regular employee, then he is eligible for Gratuity. Alternatively, if Mr. A was associated with the company on a retainer contract basis as a consultant (with retainer fee paid after TDS deduction), then he is not eligible for Gratuity.
From India, Madras
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1153If Mr. A served on a full-time basis as a regular employee, then he is eligible for Gratuity. Alternatively, if Mr. A was associated with the company on a retainer contract basis as a consultant (with retainer fee paid after TDS deduction), then he is not eligible for Gratuity.
From India, Madras
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Dear Bhowmick,
I find a mismatch as to the nature of engagement of the services of the individual between the title of the query and its inputs. The expression "he had an appointment letter and his position was 'Purchase Head'" together with the narrated detail of his joining in 2012 at the age of 61 is indicative of the fact that he has been employed as a regular employee in the organization. Under the current labor laws, normally the age of an individual other than a child is not a restrictive factor against employment unless the minimum and maximum age for appointment are strictly prescribed in the service regulations of the organization. Therefore, appointment at any age beyond the age of superannuation cannot be a bar on the right to claim gratuity if other conditions are fulfilled by the concerned employee.
Nowadays, the nomenclature 'consultant' is very loosely used in sectors like IT and ITES whereas the original meaning of the term consultant impliedly refers to the engagement of a specialist on a retainer basis under a specific contract for service.
From India, Salem
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I find a mismatch as to the nature of engagement of the services of the individual between the title of the query and its inputs. The expression "he had an appointment letter and his position was 'Purchase Head'" together with the narrated detail of his joining in 2012 at the age of 61 is indicative of the fact that he has been employed as a regular employee in the organization. Under the current labor laws, normally the age of an individual other than a child is not a restrictive factor against employment unless the minimum and maximum age for appointment are strictly prescribed in the service regulations of the organization. Therefore, appointment at any age beyond the age of superannuation cannot be a bar on the right to claim gratuity if other conditions are fulfilled by the concerned employee.
Nowadays, the nomenclature 'consultant' is very loosely used in sectors like IT and ITES whereas the original meaning of the term consultant impliedly refers to the engagement of a specialist on a retainer basis under a specific contract for service.
From India, Salem
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Since his appointment letter shows that he is Purchase Head, he is an employee only and for payment of gratuity age is not at all relevant and as such he should be paid gratuity.
From India, Kannur
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From India, Kannur
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Taking a person whose age is 61 years as Purchase Head, the organization must have specified in the offer letter whether he is eligible for gratuity or not.
In the absence of any such clause, he is entitled to gratuity if he had completed 5 years of service as per the provisions of the Act.
From India, Hyderabad
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In the absence of any such clause, he is entitled to gratuity if he had completed 5 years of service as per the provisions of the Act.
From India, Hyderabad
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Surendra_Kumar_ Verma_Etc_vs_Th e_Central_Gover nment_on_23_Sep tember_1980 Gratuity payable 4 years.pdf
Gratuity Form I.doc