Hi, As per Gratuity Act the employee is eligible for gratuity on continuous service of five yrs. But in my last onganisation I have worked 1st year on contact basis and receiving salary on signing the voucher, after that I have worked over 4 yrs as permenent employee. May I eligible for getting gratuity. If employer is not agree to pay gratuity on this ground to whom I should appeal ? What is the address and phone no. of Labour Commissioner in Kolkata ? Waiting for urgent reply. Regards, Sanjoy, Kolkata :confused:
Inorder to be eligible for gratuity you need to be in continuous period of service for 5 years. During your first year of service, if you had not signed the muster rolls, your service for that year will not be counted. The term contract in your case is understood as a period of employment and not as you were engaged by some contractor. Payment by voucher can be taken as an arguement in your favour. If you could prove that you were employed on a work which was later on regularise, you can get gratuity. The test of employment initially takes from the muster roll. Therefore, please ensure that your name appeared in the muster rolls right from year one onwards. Regards, Madhu.T.K
From India, Kannur
4249From India, Kannur
hi u had worked on cobtract basis for one year and 4yr. for permanetn basis meanes u have not worjked for contineous of 5 yrs. service. hence u r nt eligible for gratuity. Regards, Narayan
From India, Pune
From India, Pune
Dear Mr. Madhu, Would like to express my views, pls correct if I am wrong. In general, if an employee is required to work on contract basis, the name of such employee will not be included in the regular muster roll (he might have worked directly under co`s contract or through a contractor which is not clear here in this case) Also once the contract period expires, the service of the employee ceses and from the very next day,the employee will be a new employee for the same organisation. Pls provide your inputs. -Saravana Rajan
From India, Mumbai
From India, Mumbai
Hi, Your claim for gratuity cannot be complied with as you have not completed 5 years of continuous service in the organisation. However, if you have any document to prove that you have worked in the organistion on temporary basis and later regularlised can fetch your gratuity. G MANNAN GEMS HR SERVICES
From India, Madras
From India, Madras
I repeat; the test of employment is primarily the muster roll. If he has not signed the muster roll for the first year, he will lose that year. However, if he is appointed by the company, perhaps for a period under a contract, he is deemed to be a regular employee. However, to prove this he has to ensure that he was paid by voucher for the first year but was doing work of regular nature. Regards, Madhu.T.K
From India, Kannur
From India, Kannur
Dear Sanjoy If you have worked atleast for 4.5 Yrs of continious service you will be eligible for Gratuity. can claim Gratuity,If 1.You must have signed in muster roll while you are in contract 2.After 1 year of service, you must have nominated for gratuity 3.While in contract whether ESI ,EPF deducted from your salary by principle employer 4.Your Contract signed copy and confirmation order will be added advantage. Regards Ramalingam.V
From India, Madras
From India, Madras
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