Dear Colleague,
Technically the employment contracts- " Fixed Term Employee" and Fixed period Contract are different. If you were appointed as Fixed Term Employee under the Standing Orders of the Establishment, then you are eligible for gratuity for every completed year. For example if you work for 1 year only, then technically you are eligible for gratuity for that 1 year. The 5 years condition is not applicable. The New Code on Labour Proposed is very clearly coming up on this provision. In case of existing Fixed Term employees, you need to go with the Standing Order and your Terms and conditions of appointment as per the employment contract for the time being until the new Code on labour is implemented. It will be prospective only most likely and will not be retrospective.
In case of a contract engagement on a fixed term period, probably, you are to completed 5 years even in this case if you had completed 4 years and in the 5th year if you had completed 240 days of work, (inclusive of authorized leave, maternity, leave, lay off, leave with days, actual days of work) then also you are deemed to be completed 5 years and you can very well claim gratuity. In such case you are eligible for gratuity. Hence check internally and then proceed for claim.
From India, Chennai
309Technically the employment contracts- " Fixed Term Employee" and Fixed period Contract are different. If you were appointed as Fixed Term Employee under the Standing Orders of the Establishment, then you are eligible for gratuity for every completed year. For example if you work for 1 year only, then technically you are eligible for gratuity for that 1 year. The 5 years condition is not applicable. The New Code on Labour Proposed is very clearly coming up on this provision. In case of existing Fixed Term employees, you need to go with the Standing Order and your Terms and conditions of appointment as per the employment contract for the time being until the new Code on labour is implemented. It will be prospective only most likely and will not be retrospective.
In case of a contract engagement on a fixed term period, probably, you are to completed 5 years even in this case if you had completed 4 years and in the 5th year if you had completed 240 days of work, (inclusive of authorized leave, maternity, leave, lay off, leave with days, actual days of work) then also you are deemed to be completed 5 years and you can very well claim gratuity. In such case you are eligible for gratuity. Hence check internally and then proceed for claim.
From India, Chennai
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.
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf