Dear Members, An employee joined us a year back on a consolidated salary. On her confirmation, her salary has been changed as per scale, i.e basic, da, hra etc. For calculation of her gratuity, what will be her date of joining?
From India
Labour Law & Hr Consultant
Deputy Commissioner Of Labour..a.p.


Dear Shalini,
Normally method of payment of salary cannot be a decisive factor to determine one's employment status.
In the given case the service rendered by the employee on consolidated salary has actually led to his confirmation. Therefore, his service should be reckoned for employment purpose including gratuity from the date of his actual joining in the service.

From India, Salem

Ya Good. nice query.
Though she is on cosolidated
Salary... She has worked since a year. You have given an appointment order and an ID card as your company employee. You have taken attendance granted leaves etc as usual as regular employee.
Then what is your inhibition to add one year service to graduity calculation.
All contract labour employees also eligible for Graduity. In such a case what is the fault of consolidated salary employee.
Please kindly note that if any untoward thing if happenedduring that consolidated salary drawn one year period the company should inevitably responsible to pay as per post scale as compensation under Employees compensation Act
And suppose if any dispute arised during that one year temporary period like removal or Harrassment on women
all disputes should be dealt as a regular employee.
So pls go ahead adding her service for calculation of Graduity period.
If she challenges when you didn't add for graduity you should add it as per law of the land..
So don't invite troubles.

From India, Nellore
From India, Nellore

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