Principal Hr Consultant
Hr & Ir
Service- Hr Manager
21st April 2018 From India, Mumbai
This is a very funny question. No employer can refuse payment of gratuity to any employee. Please go through the Payment of Gratuity Act and find for yourself.
The POGA does not distinguish between various categories of employees, it uses the term 'employee' only. So whether it is permanent/temporary/casual/badli/contarctual the employer is legally bound to pay gratuity. An employer is not a legislature to rule that henceforth gratuity will not be paid to contractual employees.
If an employer dares to do that , he will be prosecuted. Being principal employer it is his cardinal duty to pay the gratuity to all of its eligible employees.
23rd April 2018 From India, Thane
No employer can become law unto himself and decide on his own as to whether to apply the Gratuity act or not. If his establishment is covered under it his only option is to bloody well pay the gratuity to eligible employees or in case of default, face the prosecution.
23rd April 2018 From India, Mumbai