The opinion of the members is solicited as we have a strong debate on
the subject
We have a trainee scheme for workers absorbed in the company rolls. The scheme starts from Intial training and goes on under various heads
before the guys move in to the probation and subequently confirmation.
The guy joning has trainee has to undergo training as trainee for about six years and subequently lands up in the probation.
The question for debate is whether the gratuity is payable from the date of joining or from the date of probation of the particular guy.
Can we have opinion on this please.
Thanks and regards,
B.Peros Kumar

From India, Madras

Foundation, advanced and integrative courses in the area of marketing for executives →
Promoted: Program in Marketing & Sales Management from IIM Kozhikode (Explore Course)
Once the trainee / temporary / probationer or whosoever, completes five years under one employer, would become entitled to gratuity irrespective of the fact that on the date of joining, he was in fact taken as a trainee / temporary / probationer and was later on confirmed or taken on rolls of the Company. This as as per the labour law jurispundence and one can have a case law on it.

From India, Mumbai
From the attached judgement, it will be clear that the period of traineeship is NOT TO BE EXCLUDED for counting the minimum 5 years for payment of gratuity.bharat
From India, Mumbai

Attached Files (Download Requires Membership)
File Type: pdf Gratuity Orissa Mining Case.pdf (23.0 KB, 599 views)

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply →

About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHR.Comô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server