Dear all,
In my Industry a person ready for retirement. He was worked from 1998 to 2003 as a temporary employee. after that he was regularised and his service was confirmed.
Now I want to prepare his full and final settlement.
The question is can I take his Gratuity service from 1998 onwards or not?
That means " Is a temporaty employee eligible for gratuity or not?"
If he is eligible for gratuity from that temporaty service, on which basis (please mention the act and section) he is eligible?
Please help me........
From India, Delhi
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In my Industry a person ready for retirement. He was worked from 1998 to 2003 as a temporary employee. after that he was regularised and his service was confirmed.
Now I want to prepare his full and final settlement.
The question is can I take his Gratuity service from 1998 onwards or not?
That means " Is a temporaty employee eligible for gratuity or not?"
If he is eligible for gratuity from that temporaty service, on which basis (please mention the act and section) he is eligible?
Please help me........
From India, Delhi
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Dear
There is nothing like permanent,probation,temporary,casual etc. for entitlement or non- entitlement of gratuity for an employee. If any person has worked in the capacity of an employee as defined under section 2(e) of the Payment of Gratuity Act,1972 then he become eligible to have gratuity from the employer if he have render five years or more of continuous service with the same employer. Thus he is entitled to have gratuity for his temporary employment also.
opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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422There is nothing like permanent,probation,temporary,casual etc. for entitlement or non- entitlement of gratuity for an employee. If any person has worked in the capacity of an employee as defined under section 2(e) of the Payment of Gratuity Act,1972 then he become eligible to have gratuity from the employer if he have render five years or more of continuous service with the same employer. Thus he is entitled to have gratuity for his temporary employment also.
opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Dear Mr. PVK Pradeep,
I agree with the suggestion of Mr. R.N. Khola. The employee who has continuous service for 5 years is entitled to gratuity as per the provisions of the Gratuity Act. This enactment does not define the category of employees who are eligible. Except for an Act apprentice, all categories of employees are eligible to receive gratuity if they work for 240 days in a year and have worked for not less than 5 years of continuous service.
In my opinion, the service completed by the employee under reference as a daily wager or NMR or temporarily should also be taken into consideration to determine the payment of gratuity.
Regards,
N.V. Rao
Hyderabad
From India, Hyderabad
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I agree with the suggestion of Mr. R.N. Khola. The employee who has continuous service for 5 years is entitled to gratuity as per the provisions of the Gratuity Act. This enactment does not define the category of employees who are eligible. Except for an Act apprentice, all categories of employees are eligible to receive gratuity if they work for 240 days in a year and have worked for not less than 5 years of continuous service.
In my opinion, the service completed by the employee under reference as a daily wager or NMR or temporarily should also be taken into consideration to determine the payment of gratuity.
Regards,
N.V. Rao
Hyderabad
From India, Hyderabad
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Yes, Above said wording fact the employee should furnish 240 days in a year and same up to 5 year will be eligible for the gratuity whatever he comes on temp,perm,cotract etc. with regards
From India, Jhajjar
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From India, Jhajjar
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Sir,
The same problem happened with me as well. I joined X company on 25th May 2009, and from 1st September 2010 onwards, the company confirmed my permanent status. I resigned in November 2014. By my calculation, I completed over 5 years in this company starting from 25th May 2009, but the company has not provided the gratuity payout.
Kindly assist me with this matter.
Thank you.
From India, Jodhpur
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The same problem happened with me as well. I joined X company on 25th May 2009, and from 1st September 2010 onwards, the company confirmed my permanent status. I resigned in November 2014. By my calculation, I completed over 5 years in this company starting from 25th May 2009, but the company has not provided the gratuity payout.
Kindly assist me with this matter.
Thank you.
From India, Jodhpur
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I was appointed on permanent employment after my earlier retirement when I was 62 years old. Upon reaching the age of 67, the management transitioned me to a contract basis without any break. I have now completed 5 years and 6 1/2 months with the same company. However, the management now states that I am not eligible for gratuity. Is this accurate? Please help me.
From India, Bangalore
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From India, Bangalore
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Dear all,
Requesting your assistance with the following query:
How to calculate gratuity for a part-time employee?
1) If an employee's basic salary is Rs. 240 per day or a rate of Rs. 30 per hour, and he completes his gratuity tenure.
From India, Noida
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Requesting your assistance with the following query:
How to calculate gratuity for a part-time employee?
1) If an employee's basic salary is Rs. 240 per day or a rate of Rs. 30 per hour, and he completes his gratuity tenure.
From India, Noida
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From the data provided in the post, it appears that minimum wages are not being paid to the concerned part-time employee.
In my opinion, the employee should be paid at least the minimum wages applicable to them.
The gratuity amount would then be calculated as follows: (Minimum wages as applicable) * 15 * years of completed service / 26.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
www.usdhrs.in
From India, New Delhi
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In my opinion, the employee should be paid at least the minimum wages applicable to them.
The gratuity amount would then be calculated as follows: (Minimum wages as applicable) * 15 * years of completed service / 26.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
From India, New Delhi
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