I was employed as DGM IT, under agreement for service on yearly basis for past 6 years. There were totally 6 agreement signed every year between me and the same company without any loss of a single day. I had worked with them for 6 continuous years. I was getting the remuneration/ honorarium on incremental basis as agreed in the agreement on monthly basis. Was allotted the employee number , was following all the attendance rules and regulations and was eligible for leave. The full and final statement displays DOJ as 12/07/2010 and date of leaving as 11/07/2016 and salary as contract amount.
My query is whether should be treated as employee of the company and the remunaration/honorarium I was getting as wages and hence I am eligible for Gratuity under the Gratuity Act 1972. Please respond!
From India, Mumbai
2My query is whether should be treated as employee of the company and the remunaration/honorarium I was getting as wages and hence I am eligible for Gratuity under the Gratuity Act 1972. Please respond!
From India, Mumbai
May we know what among the various conditions in the contract prompted you to raise this question on gratuity?
From India, Salem
From India, Salem
On the proper advice received from Umakanthan sir, I dare to approach the Labor Commissioner and filed the suit against the Management. After a one long year the Management had came forward and accepted my claim and offered me to do the settlement out of the court and settle the matter. Accordingly the company has paid me the agreed Gratuity.
I must appreciate and thank Mr. Umakanthan Sir for his prompt advice on this blog.
Thanks Sir
From India, Mumbai
I must appreciate and thank Mr. Umakanthan Sir for his prompt advice on this blog.
Thanks Sir
From India, Mumbai
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx