Am I eligible for gratuity after termination from the company?
I worked in a company for 6 years and 11 months, but they have now terminated me for some reason. Earlier, the company was paying the salary through TeamLease payroll, but after the lockdown, the payroll was transferred to the company's name. Am I eligible for gratuity?
Yes, you are eligible for gratuity under the Payment of Gratuity Act, 1972, as you have completed more than five years of continuous service. The change in payroll does not affect your eligibility if your total service with the company, including time under TeamLease, is continuous. Even if terminated, gratuity must be paid unless dismissed for misconduct under legal provisions. You can file a claim with the employer or approach the labour department if denied.
As per the Payment of Gratuity Act, you are eligible for gratuity since you’ve completed 6 years and 11 months of continuous service. The payroll system change should not impact your eligibility, as long as your employment remained continuous. You can approach the company or the Labor Commissioner for claiming gratuity. If any issues arise you can file a claim under the Payment of Gratuity Act. For further legal assistance contact us on our helpline number.
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