Gratuity

You have posted that "i am eligiable for gratuity from April 2006 onwards because they registrated my name on April 2006."  What exactly does it mean?

if you have joined in 2004, you need to have some evidence of date of joining, joining e.g. appointment letter, salary slip, attendance record, email/letter confirming work assigned to you/performed by you, leave record, incentives disbursed to you, awards/rewards etc awarded to you,appraisal report , Pf accumulation report, expense reimbursement, medical reimbirsement etc.

If company has failed to get your HR forms for PF/Gratuity, etc filled up and submitted to respective authorities company is at fault and shall get penalised.

If you have rendered unintrupted service for this period and you were not an apprentice as per Apprentice Act, you are eligible for gratuity.

Thanks for response.

They have given me appointment letter at the time of joining April 2004. From 2004 onwards i am continuing and also record of attendance and salary slip etc. After 1 year they have given me PF. Only April 2006 onward i am eligible for gratuity (as per company record) . In this period I am provisional.

Date of Joining - April 2004

April 2006-  ( eligible for gratuity as per company record)

Leaving Company-  March 2012

Please let me know  i am eligible for gratuity form April 2004 or April 2006 onward. 

Kindly post all relevant information in first post.

However you may check certified standing orders of your comapny ( which ever it is), and confirm if your provisional  service was regularized retrospectively. You may visit a competent and experienced service lawyer with all records and give inputs in person. You can also discuss with O/o labor Commissioner and Controlling Authority ( which may be ALC/DLC in your case).

https://www.epfochennai.tn.nic.in/pdf/Excemptionsrevised.pdf, https://www.epfindia.com/legel_provision.htm

(c) ‘Employee’ :- means any person who is employed for wages in any kind of work

manual or otherwise, in or in connection with the work of the establishment and who gets

his wages directly or indirectly from the employer and includes any person.

i. Employed by or through a contractor in or in connection with the work of the

establishment :-

ii. Engaged as an apprentice, not being an apprentice under the Apprentices

Act, 1961 (52 of 1961) or under the standing orders of the establishment.

Rule 2 (h) ‘Excluded Employee’ means :-

(iii) and Apprentice.

Explanation: An “apprentice” means a person who, according to the certified

standing orders applicable to the factory or establishment, is an apprentice, or who

is declared to be an apprentice by the authority specified in this behalf by the

appropriate Government.

--Payment of Gratuity Act 1972.

As regards the Fixed term employment, the Act clearly makes a provision that in case the employee ceases to be in employment before completing n 5 years of service, he will be entitled to pro rata payment for the period he was in service.

if you were not an apprentice, as per apprentice act, and have rendered unintrupted service you should be eligible for gratuity from DOJ.

Company to company may describe Provisional/Adhoc appointment in different conotations:

---Provisional / Adhoc Appointment:

If candidate joins without completing selection procedures (entrance test, demo lesson etc), or under observation for satisfactory delivery of services and competence, candidate is appointed on provisional / Adhoc  basis for ...........months.

If found satisfactory, employment is regularized after that said period.

For increment and confirmation, one or two years from the date of provisional appointment will be counted.

No notice period for resignation / termination required during provisional appointment.

Contractual Appointment:

Appointment made for the specific period / specific requirement is called as contractual appointment.

Contractual employee will be liable for the TDS payments and other payments described in the GR.

Contractual employee cannot be confirmed.

Contributory Provident Fund Pension Scheme :

All employees including   except those on visiting faculty / contractual /consultancy services will be required to become members of the Contributory Provident Fund Scheme as required under the employees' Provident fund and Miscellaneous Provisions Act  1952 or shall be eligible for pension and gratuity

Thus in this case provisional appointment may get PF/gratuity.

Kindly look into the attachments.

Valauable advice of learned experts/members is sought.