Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Rahul Chhabra
Hr Professional
Hemnarayan
Management Trainee-hr
+1 Other

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Whether the Security/Housekeeping personnel deployed through the security agency are eligible to get gratuity payment on completion of 05 years.
From India, New Delhi
YES, if the security/housekeeping are working continuous 05 year services (without gape), then they are eligible for gratuity.
From India, Mumbai
Dear Raj,
If the agency employs a minimum of 10 employees or were employed in the last 12 months, and if the employee has successfully completed 5 years of continuous service, then the employee is eligible for gratuity benefit.
Regards
Rahul

From India, Delhi
Yes,They are entitled and eligible for Gratuity against the fulfillment of criteria of 5 years of continous services.However it is to be noted that when under contract there should not break in services.Also the terms of contract must have clear mention of obligations in respect of employing agency and principal employer.
From India, Vadodara
Dear All,
In case of Cominco Binani Zinc Ltd, Karnataka High Court 1989 I CLR 151 has ruled , the wages due to the workmen does not include Bonus OR Gratuity . While defining the term wages, the I .D. Act and Payment of Wages Act specifically exclude Bonus and Gratuity from it purview. The petitioner is therefore liable to pay ARREARS OF WAGES AND NOTHING MORE.
Further, when the management entrust the responsibility on the contractor the workmen employed and paid by such contractor cannot be treated as workmen of the management . There is NO Employer - Employee relation between them.
Regards,

From India, Mumbai
Thanks a lot we have asked the contractor to pay the gratuity to the personnel whose are leaving job.
From India, New Delhi
Refer Private Security Agencies Acto 2005/Maharashtra Private Security Agencies Reg& Welfare Act Plus the Scheme Where applicability of gratutiy is clearly mention along with the othe Applicable labour Laws for the Private Security Industry.
From India, Vadodara
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