Consultant doctors - eligibility for gratuity
Akshay Sarraf
(Querist) 22 July 2016
This query is : Resolved
Sir,
I am working in an NGO Hospital,Vizag for the last more than 7 years. I am designated as "CONSULTANT" and remuneration being paid in the below format. Kindly confirm the eligible criteria for gratuity payment?
Pay Slip for the month June, 2016
Emp ID: ___ Employee Name:Dr.__
PF No.: NIL ESI: NIL
No.Days:30 Designation:Consultant
Sub Dept:Cornea Main Dept:Cornea
Sal.Structure:Consutant Division:Nil
Grade:A
----------------------------------------
Earnings Actual Amt. Deduction Amt.
----------------------------------------
Spl Pay XX XX XX TDS XX XXX
Look forward for your invaluable inputs on the eligibility criteria.
Thanks in advance,
Best regards,
Dr.Akshay Sarraff
Guest
(Expert) 22 July 2016
Dr. Sarraf,
What were your duty hours and the terms & conditions of your appointment?
Akshay Sarraf
(Querist) 22 July 2016
Sir,
Thanks for the reply.
Reporting at 9:00 am - 5:30 pm
Lunch break: 1:00 - 1:30 pm
Letter of Appointment issued. Designated as Consultant (Cornea). Eligible for 30 days Paid Leave per year.
Rgds,
Dr. Akshay
Devajyoti Barman
(Expert) 22 July 2016
Payment of gratuity has nothing to do with the format of salary.
I am not sure why you have posted format of salary slip when you wish to know about gratuity.
Guest
(Expert) 22 July 2016
Dr. Akshay Sarraf,
Shri Devajyoti has rightly observed that format of salary has nothing to do with the payment of gratuity. All that depends upon the conditions of service.
You have not mentioned what were conditions of your service, as per you offer/ appointment letter. Is there any reason for that?
Make sure that if you want right opinion, you must give full facts.
Kumar Doab
(Expert) 22 July 2016
Apparently you have been taken on rolls as employee and employee id is issued to you.
Are you still working with same establishment or have separated?
Have you received any Notice of Determination of Gratuity?
Have you submitted FormI?
Has the establishment declined to pay in writing?
The Experts have addressed the query of Gratuity to NGO hospital in threads at LCI.
In another case Consultants were considered eligible for Payment of Gratuity.
R.K Nanda
(Expert) 22 July 2016
Nothing to add.
Rajendra K Goyal
(Expert) 22 July 2016
Author need to provide information sought by the expert Kumar Doab.
Akshay Sarraf
(Querist) 22 July 2016
Sirs,
Issued Appointment order with all terms & conditions as applicable to other doctors designated as " Medical Officers ".
I am still working and proposed to submit resignation on 1st Aug.16 (1 month notice).
No. On completion of Notice period, will submit Form-1 depending upon the eligibility for Gratuity.
As per prevailing practice, there is no proof that no staff/doctors has been paid Gratuity (hospital being a Trust registered under Societies Registration).
In case advised, scanned terms & conditions of Appointment will be attached in the next message.
Regards,
Dr. Akshay
Guest
(Expert) 22 July 2016
Dr. Akshay sarraf,
None of us here is supposed to assume, what were the terms & conditions of your appointment or those of the appointment of other doctors, if you say that terms & conditions, as applicable to other doctors.
Moreover, at present you don't have any problem when you have not yet resigned from your post of consultant, so there is no use of asking any question on hypothetical situation that too without reference of terms & conditions.
So, my advice to you is that after submission of resignation notice, apply for gratuity to the management. Only thereafter, if you get any problem do consult some local service law consultant/ lawyer by getting your documents duly examined by him.
Otherwise, there is no use of your posting partial information time and again and our asking of questions to you on that information every time. That way, there will be no end to that process.
Kumar Doab
(Expert) 22 July 2016
The similar query pertaining to employee of NGO hospital has been discussed at:
http://www.lawyersclubindia.com/experts/Payment-of-Gratuity-600816.asp
Probably you have gone thru it.
