I am a fixed-term contract employee in a private limited company. My contract period is for 1 year. My CTC as per the offer letter included gratuity. And I have resigned from service just 15 days short of the completion of the contract period of 1 year. So am I eligible for gratuity as per the gratuity payments act of Govt of India?
From India, Ernakulam
From India, Ernakulam
Hi,
"The Payment of Gratuity Act, 1972, states that an employee is eligible to get gratuity only after he or she has worked with an organisation for at least five years"
Since you have worked less than a year you are not eligible for gratuity.
{The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation. However, it must be noted that there is an exception where the condition of working for five straight years with a firm does not apply. In the event that an employee becomes disabled or passes away, the law mandates that the employer pay the gratuity to the employee or his or her nominee, regardless of the number of years of continuous service. }
Please note that it has to be a continuous service with the same employer of at least 5 years.
From India, Mettupalayam
26"The Payment of Gratuity Act, 1972, states that an employee is eligible to get gratuity only after he or she has worked with an organisation for at least five years"
Since you have worked less than a year you are not eligible for gratuity.
{The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation. However, it must be noted that there is an exception where the condition of working for five straight years with a firm does not apply. In the event that an employee becomes disabled or passes away, the law mandates that the employer pay the gratuity to the employee or his or her nominee, regardless of the number of years of continuous service. }
Please note that it has to be a continuous service with the same employer of at least 5 years.
From India, Mettupalayam
It looks ridiculous to include gratuity in CTC for fixed Term Appointment for a one year. This is quite misleading and the organisation is actually trying to deceive people in attracting them for employment like this. The eligibility for gratuity in such cases would come once the new Labour Codes come into vague. (From 1st April 2022 as it appears now) For the present it is NO.
From India, Mumbai
From India, Mumbai
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Fixed Term Contract Employees to get Gratuity.docx
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Fixed term employment.pdf