Dear colleague, I want to know one thing: If an employee joins a company on a contract basis and is regularised after three years of continuous service and has completed 5 years, 6 months, and 3 days of continuous service, is he/she eligible for gratuity? If eligible, please brief me about the calculation of the amount.
Regards
Mithlesh Singh
From India, Delhi
Regards
Mithlesh Singh
From India, Delhi
It is not clear whether the 5 year + service is cumulative or the service rendered anew after contract service. In either case, the employee is eligible. However, for determining the continuous service period this is to be seen, if for all intents and purposes there is a complete break in service between them then only there is no continuity. Your post shows being regularised in service after three years of contract service which prima facie is indicative of continuity. Check this aspect before calculating gratuity.
From India, Mumbai
1534From India, Mumbai
Hi, After the end of the contract period whether the employee is regularized on regular rolls immediately or is there any break between two. If the employee was regularized then Gratuity to be processed based on last drawn Basic+DA x 15/26 * number of years completed.
From India, Madras
From India, Madras
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc