Can a person who has worked as a consultant for two years and then as a regular employee for five years claim gratuity in same organization?
24
Hi,
Consultant :- whether served on full time basis or part time basis ? Whether worked on all 6 days of the week or based on assignment basis?
Whether any significant gap was there between consultant role and regular employee role ?
If the employee was designated name sake but had contributed to the Organisation on full times basis then that particular employee has the right to claim Gratuity for 7 years including initial 2 years period.
From India, Madras
Consultant :- whether served on full time basis or part time basis ? Whether worked on all 6 days of the week or based on assignment basis?
Whether any significant gap was there between consultant role and regular employee role ?
If the employee was designated name sake but had contributed to the Organisation on full times basis then that particular employee has the right to claim Gratuity for 7 years including initial 2 years period.
From India, Madras
Thanks for the response @vmlakshminarayanan
Ans-
whether served on full time basis or part time basis ?- Full Time
Whether worked on all 6 days of the week or based on assignment basis? ----6 days
Whether any significant gap was there between consultant role and regular employee role ? ---2 year consultant than regular
Ans-
whether served on full time basis or part time basis ?- Full Time
Whether worked on all 6 days of the week or based on assignment basis? ----6 days
Whether any significant gap was there between consultant role and regular employee role ? ---2 year consultant than regular
Hi Deepti,
A person can claim gratuity in the same organization if they have worked for a continuous period of at least five years, regardless of whether they were a consultant or a regular employee during this period.
However, the period of consultancy is typically not counted towards gratuity unless the consultancy was effectively an employer-employee relationship with a fixed salary, clear working hours, and direct control from the employer. Gratuity is generally calculated based on the years of service as a regular employee.
If the individual can prove that their consultancy period was similar to regular employment, they might be able to claim gratuity for the entire period. Otherwise, gratuity will usually be calculated based only on the five years of regular employment.
Thanks
From India, Bangalore
A person can claim gratuity in the same organization if they have worked for a continuous period of at least five years, regardless of whether they were a consultant or a regular employee during this period.
However, the period of consultancy is typically not counted towards gratuity unless the consultancy was effectively an employer-employee relationship with a fixed salary, clear working hours, and direct control from the employer. Gratuity is generally calculated based on the years of service as a regular employee.
If the individual can prove that their consultancy period was similar to regular employment, they might be able to claim gratuity for the entire period. Otherwise, gratuity will usually be calculated based only on the five years of regular employment.
Thanks
From India, Bangalore
First, it's necessary to determine the status of his period as 'consultant'. Whether he was engaged as an 'employee' or 'consultant' . Employee means, appearing in the muster roll, paying salary, other service conditions.The 'consultant' is paid a 'fee' or 'remuneration' (TDS @ 10% also distinctive this aspect also may address this issue.) This itself will answer your queries. Your query itself is an answer- he was 'consultant' for 2 yrs and as 'employee' for the next 5 yrs. Therefore de-facto both are different by your own expression. The answer to the eligibility to gratuity thus obvious.
From India, Bangalore
From India, Bangalore
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