Is employee eligible for retrenchment along with Gratuity on account of closure of Project office due to completion of Contract in case he worked for more than 4.5 years of service ?
From India, Sakroda
From India, Sakroda
It depends on the nature of appointment. If the appointment order specifies that the employment is for a fixed period of 4 years or 4 years and 6 months or till completion of the project, then the question of retrenchment compensation will not arise. At the same time, if the employee had worked for 5 years, whatever be the nature of employment, he would have got gratuity. Though there are a few court verdicts which had interpreted working of 240 days in the fifth year as one year service, the same cannot be applied in your case also because six months period is not sufficient to make it 240 days in the fifth year.
From India, Kannur
4248From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc