Gratuity eligibility (other than an apprentice)

BTW, i am from Tamil nadu and worked as full time resouce (between 9AM to 6PM) without any break in middle of this 11 years term.

You were working under the same employer if different posts.You are eligible for gratuity for the service peiod.

If you are still working, verify your appointment order, terms and conditions of your employment, and orally get clarification from HRD.  Those authorities should display the gratuity act at a prominent place and display the name of the designated Gratuity officer in every establishment as per law.

Thanks a lot for the response. Yes I worked on same company continously for 11 years (first 8 months as Employee, next 4.8 years as consultant and rest of the period again as employee). 

Originally posted by : G.L.N. Prasad
	If you are still working, verify your appointment order, terms and conditions of your employment, and orally get clarification from HRD.  Those authorities should display the gratuity act at a prominent place and display the name of the designated Gratuity officer in every establishment as per law.

Thanks a lot for the response. I have moved out from organisation and i've got my appiontment orders for these tenure, reliving orders and experience certificates. They do not have mentioned anything about gratuity on any of these documents . Also HRD is not employee friendly and they did not intiate the gratuity process for a month (its 2 months now after I moved out), so when I applied for gratuatiy they started saying that I am eligible for the last employement period (excluding those 8 months + 4.8 years). So thought of clarifying it here before I submit my Form N to labour comissioner office. 

Prepare your application for Gratuity claim in the prescribed manner for the entire period of service in the said establishment and submit it to the jurisdictional office of the Controller under Payment of Gratuity act with proof of services rendered alongwith copy of correspondence made with your employer in this regard. The said authority will examine the matter , take up hearing summoning both parties and issue suitable direction to your employer for settlement of dues.

Originally posted by : H.M.Patnaik
	Prepare your application for Gratuity claim in the prescribed manner for the entire period of service in the said establishment and submit it to the jurisdictional office of the Controller under Payment of Gratuity act with proof of services rendered alongwith copy of correspondence made with your employer in this regard. The said authority will examine the matter , take up hearing summoning both parties and issue suitable direction to your employer for settlement of dues.

Thanks a lot for the respose and guidance. Do I have any specific time restriction to submit the documents (as I am out of country till year end)? Or can I submit it through representative (like my wife or friend)?

Originally posted by : Kumar Ramu
	So my question is now, am I eligible for 11 years gratuity or just the recent period (excluding first 8 months and next 4 years 8 mnoths) which they dedcuted salary under section 192?

TECHNICALLY, based on your available certificates /documents:
1. You worked for 8 months as an employee, on Salary Basis.  Hence you are legally not entitled to Gratuity.

2. You "voluntarily with consent" worked for 4.8 years as a Consultant on retainership "FEES" basis. Here you did NOT work as an employee on Salary basis. Hence you are legally not entitled to Gratuity, since Gratuity is calculatble only on Salary component, and NOT on FEE component.

3. Subsequently, you worked for 5.6 years as an employee, on Salary Basis. Hence you are legally again not entitled to Gratuity, since Gratuity is payable for minimum & continuous Employment period of 10 years.

4. Despite poinit no. 3, IF the Co., is paying you Gratuity for 5.6 years, THEN good enough .... No point in debating or litigating, since labour commissioner will simply not allow your legally infructuous application, more so specifically because the Co. would simply retract its inadvertent offer, not bound by law to give you gratuity.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

IGNORE ABOVE POST - an inadvertent error:

TECHNICALLY, based on your available certificates /documents:
1. You worked for 8 months as an employee, on Salary Basis.  Hence you are legally not entitled to Gratuity.

2. You "voluntarily with consent" worked for 4.8 years as a Consultant on retainership "FEES" basis. Here you did NOT work as an employee on Salary basis. Hence you are legally not entitled to Gratuity, since Gratuity is calculatble only on Salary component, and NOT on FEE component.

3. Subsequently, you worked for 5.6 years as an employee, on Salary Basis. Hence you are legally  entitled to Gratuity, since Gratuity is payable for minimum & continuous Employment period of 5 years.

4. IF the Co., is paying you Gratuity for 5.6 years, THEN good enough .... No point in debating or litigating, since labour commissioner will simply not allow your legally infructuous application for claim for 11 years, more so specifically because the Co. is not bound by law to give you gratuity for 11 years.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com