I have read many responses on articles on gratuity but need some clarifications...
we are 2 people working for a MNC--contract employment.. from the past 10years & 20 years respectively.. We get a consolidated salary and PF is cut from the same. We do not get any other benefits. Just needed to know if we are entitled for gratuity . Contractor says he has nothing in paper about this claim. If we leave the company are we entitled for gratuity. Please advise.
From India, Mumbai
we are 2 people working for a MNC--contract employment.. from the past 10years & 20 years respectively.. We get a consolidated salary and PF is cut from the same. We do not get any other benefits. Just needed to know if we are entitled for gratuity . Contractor says he has nothing in paper about this claim. If we leave the company are we entitled for gratuity. Please advise.
From India, Mumbai
We do not have anything in paper. our contractor refuses to put it in paper. he says we ask the company. please advise.
From India, Mumbai
From India, Mumbai
Dear,
You are entitled for gratuity, if the MNC has employed more than 10 employees. whether on contract or regular.
You must keep your letter of contract with u, showing your continious employment with the MNC. there should not be break in service. if there is break in service of less than 5 years. then you may not be entitled.
further you may mail your all credential of contract employment, i will get back to u with concrete answer.
Mohd. Arif Khan
13You are entitled for gratuity, if the MNC has employed more than 10 employees. whether on contract or regular.
You must keep your letter of contract with u, showing your continious employment with the MNC. there should not be break in service. if there is break in service of less than 5 years. then you may not be entitled.
further you may mail your all credential of contract employment, i will get back to u with concrete answer.
Mohd. Arif Khan
Dear sir,
If any person working for a period of 5 years he is eligible for GRATUITY. All are eligible for GRATUITY irrespective of salary or status.
Do u have any proof of your date of joining.if it available fight with them to give GRATUITY.
Fight with them untill u get it
All the best.
Edward G. lawrence
From India, Madras
If any person working for a period of 5 years he is eligible for GRATUITY. All are eligible for GRATUITY irrespective of salary or status.
Do u have any proof of your date of joining.if it available fight with them to give GRATUITY.
Fight with them untill u get it
All the best.
Edward G. lawrence
From India, Madras
Dear Folks,
Gratuity is a compensation & benefit should be given to all the employees at any circumstances by the employer whether it is a contractor or a direct employee or a indirect employee. Never mind about this.
if your contractor is earning profit is good according to the industry. He has to give the gratuity, no mind whether it is written or not written. if it is not written in your appointment letters. No probs. it is a written format, in the statutoy compliances. You have given that your experience is 10 years and 20 years. In the years 1987 and 1997, the formats of appointment letters are different. if your company and your contractor are registered with the government, they should give the gratuity.
When your contractor asked to approach your management, This statement itself says clearly that you have the eligibility. Actually, your contractor is defending himself. He is the person who has to give the gratuity.
If u think still you need clarifications, you approach any chartered accountant of any firm related with software concern.
But still from my point of view, if u have the proof of appointment order working for the concern through contract then you are very safe.
10 or 20 years experience is a huge amount of gratuity.
Thanks & Regards,
Manimegalai
From India, Madras
Gratuity is a compensation & benefit should be given to all the employees at any circumstances by the employer whether it is a contractor or a direct employee or a indirect employee. Never mind about this.
if your contractor is earning profit is good according to the industry. He has to give the gratuity, no mind whether it is written or not written. if it is not written in your appointment letters. No probs. it is a written format, in the statutoy compliances. You have given that your experience is 10 years and 20 years. In the years 1987 and 1997, the formats of appointment letters are different. if your company and your contractor are registered with the government, they should give the gratuity.
When your contractor asked to approach your management, This statement itself says clearly that you have the eligibility. Actually, your contractor is defending himself. He is the person who has to give the gratuity.
If u think still you need clarifications, you approach any chartered accountant of any firm related with software concern.
But still from my point of view, if u have the proof of appointment order working for the concern through contract then you are very safe.
10 or 20 years experience is a huge amount of gratuity.
Thanks & Regards,
Manimegalai
From India, Madras
definitely our are entitled for gratuity. pls send me your PF A/c No. and the date from which your pf has been deducted. Ajay
Hi Arif,
I never miss your comments. Its so true... Me too is very much interested in labour Laws.
I agree with you, both these MNC professionals are entitled for gratuity. You also said that if they have a break in service before completing 5 years then they are not.
But i feel if they have put in minimum 240 mandays in each year including breaks, still it will be deemed as 5 years of continuous service.
Is it true that an employee who has worked exactly for 4 years and 240 days(in the fifth year) only becomes eligible?
Could you pleas throw some light..
Prashanth
I never miss your comments. Its so true... Me too is very much interested in labour Laws.
I agree with you, both these MNC professionals are entitled for gratuity. You also said that if they have a break in service before completing 5 years then they are not.
But i feel if they have put in minimum 240 mandays in each year including breaks, still it will be deemed as 5 years of continuous service.
Is it true that an employee who has worked exactly for 4 years and 240 days(in the fifth year) only becomes eligible?
Could you pleas throw some light..
Prashanth
We haven't had any breaks, our contracts are renewed every year, but in 2003 and 2004 we did not get any contract letter but were receiving are salaries and PF was cut. form 16 for the same also was provided for the year.
From India, Mumbai
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc