Compensation, pf ,gratuity eligibility .
Querist :
Anonymous
(Querist) 21 February 2020
This query is : Resolved
Iam a professional doctor , worked for a NGO for 12 years and 6 months. Initially I joined as a salaried employee , after 5 years the management told me that they will hereafter consider me as a consultant(no document or agreement signed) for which I was told about some tax benefits (which I was not aware of at that time) will be there .
I left the institute in September 2019 as they said they were closing the institute for non availability of funds . They paid me August 2019 salary . But to my surprise , it was a conspiracy to send me and I came to know that the hospital was running right from the next day itself and they also employed an other doctor .
So now my question is , is this the right way to send me out who gave my prime 12+years to that institution to develop it and what all benefits like PF , Gratuity , compensation am I eligible for ?
Kindly help me .
Regards.
Dr.
Raj Kumar Makkad
(Expert) 21 February 2020
There are two aspects of your query. One is legal and another is humanitarian or say ethical.
So far first aspect is concerned, you cannot get more than agreement of service. If the institute is covered under the provisions of EPF & MP Act, 1952 then you cannot be deprived off from the same benefit up to the date you were designated as consultant instead of regular employee. The gratuity cannot be claimed by a part time consultant and same is the law with regard to retrenchment or compensation. In nutshell, you are not entitled for the grant of any monetary benefit as on day BUT as per law a contractual employee cannot be replaced by another contractual employee without following the disciplinary procedure which has not been followed in your case so you can challenge your oral dismissal before competent court of law.
So far as second aspect of your query is concerned, nothing can be commented without knowing the other side which was compelled to oust you despite of your glorious services of more than a decade.
Sudhir Kumar, Advocate
(Expert) 22 February 2020
You have vountarily deprived your seerlf of the gratuity/ PF /rights of retrenched employee the moment you agreed to shift from employee to consultant.
P. Venu
(Expert) 22 February 2020
Was there any change in 'service conditions' after the change over as consultant? Was it a case of voluntary resignation?
Dr J C Vashista
(Expert) 23 February 2020
Show the appointment letter issued by the hospital authorities to a local prudent lawyer practicing service matters for appreciation of terms and conditions of service offered and accepted.
However, for the period of consultant you may not get any amount.
Raj Kumar Makkad
(Expert) 23 February 2020
There is no scope of getting any desired relief after considering your facts.
T. Kalaiselvan, Advocate
(Expert) 25 February 2020
You have clearly stated that you were not an employer after 5 years of service and had been working there as a consultant, hence you may not be eligible for any benefits that are given to an employee being a consultant.
Hence better you may be aware in future on such issues instead of lamenting over it at a later date without any use or respite.
