Hello. I worked for a PSU from Feb 2019 to June 2023 as a Fixed term employee. My contract was for 5 years but I resigned & left after tenure of 4 years 3 months & 12 days. Am I eligible to get gratuity as per pro rata basis for fixed term employee. If yes, then which clause/rule/article/law should I quote to my previous employer for claiming gratuity. Please help.
From India, Ghaziabad
From India, Ghaziabad
Hi Gratuity will not apply for 4y 3m 12 days service. 5 years completion is must.
From India, Madras
956From India, Madras
Dear Friend,
You are not entitled to gratuity under the existing provisions of the Law. However, if the Industrial Relations Code 2020 is implemented, all fixed-term employees having more than one year of service will be entitled to gratuity as per the Provision of Section 2(o) of the proposed code which reads as under:
2(o) "fixed-term employment" means the engagement of a worker on the basis
of a written contract of employment for a fixed period:
Provided that—
(a) his hours of work, wages, allowances and other benefits shall not be
less than that of a permanent worker doing the same work or work of similar
nature;
(b) he shall be eligible for all statutory benefits available to a permanent
worker proportionately according to the period of service rendered by him even
if his period of employment does not extend to the qualifying period of
employment required in the statute; and
(c) he shall be eligible for gratuity if he renders service under the contract
for a period of one year;
Regards,
Dr Kamlesh Agrawal
Mumbai
From India, Delhi
You are not entitled to gratuity under the existing provisions of the Law. However, if the Industrial Relations Code 2020 is implemented, all fixed-term employees having more than one year of service will be entitled to gratuity as per the Provision of Section 2(o) of the proposed code which reads as under:
2(o) "fixed-term employment" means the engagement of a worker on the basis
of a written contract of employment for a fixed period:
Provided that—
(a) his hours of work, wages, allowances and other benefits shall not be
less than that of a permanent worker doing the same work or work of similar
nature;
(b) he shall be eligible for all statutory benefits available to a permanent
worker proportionately according to the period of service rendered by him even
if his period of employment does not extend to the qualifying period of
employment required in the statute; and
(c) he shall be eligible for gratuity if he renders service under the contract
for a period of one year;
Regards,
Dr Kamlesh Agrawal
Mumbai
From India, Delhi
As per the 2018 amendment to the IE(SO)Rules by the Central Government, all fixed term employees are eligible to statutory gratuity on prorata basis notwithstanding the statutory minimum qualifying service.
Therefore, the poster is eligible to claim proportionate gratuity for the 4 years service he has rendered.
From India, Salem
Therefore, the poster is eligible to claim proportionate gratuity for the 4 years service he has rendered.
From India, Salem
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Appointment Letter to an Employee for fixed period.doc
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