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Deepak Saini (MIS Executive)     09 January 2012

Gratuity issue

Hello

 

My name is Rajiv Saini. I've worked for 9yrs for vodafone as contract employee with different -2 associate.I'm not completing direct 5yrs with any associate company. 

So i legible for Gratuity. pls confirm.



Learning

 3 Replies

S.V. Deshpande (Manager - HR)     10 January 2012

No, you are not eligible as per the payment of gratuity act.

Deepak Saini (MIS Executive)     17 January 2012

Thank so much  for the information.

Kumar Doab (FIN)     18 January 2012

Payment of Gratuity Act is applicable to employees of certain establishments. If a person does not fit in the definition of an employee, he will not be entitled to receive gratuity. Under the Act gratuity is payable in the event of :

Resignation, Retirement, Death, Superannuation, Termination
In case of contact/contractual employment, the expiry of tenure of employment is not a defined occurrence for payment of gratuity and therefore it would not be payable.
 

If the contractor is considered as separate entity, workers working with the contractors would be eligible for Gratuity from contractor subject to compliance of other mandatory conditions like completion of continuous five years of service.
 

If a person does not fit in the definition of an employee, he will not be entitled to receive gratuity.

If the employee has worked with the same employer for five years or more continuously with out any break in service/ with out taking any full & final in between the service period as per section 2A of the P G Act, 1972 then he is eligible to have gratuity from the employer.

If the contract is sham, the situation may be different.

You may confirm if you were employee of Vodafone or not? Were you issued any appointment letter, salary slip, ID card by Vodafone and if not by Vodafone which establishment has issued these? Were you transferred from one associate to another by Vodafone?

What was the cause of separation from each associate e.g.  Resignation, termination...?

Section 25 F (b) of the Industrial Disputes Act, 1947  mandates: workman to be paid at the time of retrenchment compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months.
Thus every contract worker becomes entitled for this compensation, which may compensates you up to an extent if your case was of retrenchment.

If you can prove you were employee of Vodafone deputed at………….associate or your case was of retrenchment from associate, and then there may be a chance for some relief to you.

 

You may visit a competent and experienced labor law consultant/service lawyer at your location with all the relevant documents and record.

 

 


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