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Rule of Gratuity for fixed term contract employee


06-Jul-2023 (In Labour & Service Law)
Good Morning Sir/Madam I have been working M/s Toshiba JSW Power System through M/s Genie HR Solutions as a fixed term contract employee. I joined here on 12-01-2017 for one year contract. In 2018 again my contract got extended for one year. After completing two years they extended my contract for 06 months till June-2020. Now again my contract got extended for another 06 months till Dec-2020. M/s Genie HR Solution is deducting Gratuity amount from my salary every month but there are very less chances that i will complete continuous 05 years service here. May be this extension is last extension. So is it necessary for fixed term contract employee to complete the continuous 05 years service? Is there any possibility to get the gratuity amount on completion of contract before 05 years?
Answers (1)

Answer #1
838 votes
Hello your principal employer is M/s Genie HR Solution, your right of gratuity is with principal employer not with M/s Toshiba in case you leave M/s Genie HR Solution before maturity period of your gratuity you can demand the refund of deducted amount from the your salary under gratuity head. please share complete details to advice further.
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