I am on a fixed-term contract in Noida — am I entitled to gratuity on completion of the term?
GE Asked by Geeta Nair from India
Quick Answer
Fixed-term employees are entitled to gratuity under the Payment of Gratuity Act, 1972 on completion of five years of continuous service in Noida.
Detailed Legal Analysis
Fixed-term employees are entitled to gratuity under the Payment of Gratuity Act, 1972 on completion of five years of continuous service in Noida. The Industrial Employment (Standing Orders) Act amendment recognises fixed-term employment with statutory benefits.
Disputes are adjudicated by the Controlling Authority with appeals to the Allahabad High Court under Section 7. Employment in Uttar Pradesh is also regulated by Uttar Pradesh Rent Control Act 1972 governing the Uttar Pradesh Shops and Establishments Act.
Continuous service includes periods of authorised leave and layoff. The employer cannot deny gratuity by labelling the contract as fixed-term.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.