Gratuity Eligibility | Vkeel - Free Legal Advice

Divakara Reddy

Hyderabad

Dear Sir/Ma'am, Requesting a suggestion weather Iam elegible to get Gratuty or not from my employer. Job details: 42 months of contineous service as 21 months as Fixed term Contract & 21 months as stamdard term contract. 06-March-2018 - Joined as Fixed term contact employee for 6 months, 01-Oct -2018 - Contract extended to 15 months till 31-Dec-2019 (15 Months), 01-Jan-2020 - Converted my employment from fixed term to standard term with out changing my joining date as well as with out any increments/benifits/Gratuity settlemet for these 21 months of contineous employment. On 5 nov 2021 I have reisgned my job and completed handove/notiece period as per terms of contract.Now company claiming that Iam not elegible for Gratuity. "If you see my 42 months contineous employment I have served 21 months in Fixed term contract & 21 months as standard/confirmed employee". Please let me know weather Iam elegible for Gratuity or not.

Expert's Answers(4)

Complete Law Shield
Bangalore,

not completed even 4 yrs

January 11, 2022
Advocate Kishan Dutt Kalaskar
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, 4years 240 days is enough for claiming gratuity. https://www.linkedin.com/pulse/employee-benefits-india-payment-gratuity-what-himachali-gphr/ https://www.linkedin.com/pulse/gratuity-required-complete-5-years-continuous-service-rahul-kumar/ Please give me rank after viewing my details. Please call me for further assistance.

January 7, 2022
Advocate Ankur Goel
Bangalore, Karnataka

7 Client Ratings

not eligible

January 6, 2022
SODHA C B G
Bangalore, Karnataka

Hello Divakara Reddy, As per the gratuity Act, an employee thus covered under the act is eligible for gratuity only if your completed 5 years continuous service. in the instant quoted by you, you have covered 3.5 years both under FTC and STC. Further, confirmation look at Business std report somesh Jhaa, new delhi updated march 23, 2018.

January 4, 2022