shalini-nair1
Good morning. After superannuation, if an employee continues as a contractual employee or a consultant, will the later period of service be considered for Gratuity?
From India
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Gannahope
Deputy Commissioner Of Labour..a.p.

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umakanthan53
5922

Dear Shalini,
It depends.
A) If the continuation of employment of the superannuated employee is on the basis of a fresh contract of service, the liability to pay gratuity for that service extends. In other words, if the employee is continued without retirement on the date of superannuation, he should be paid gratuity later including the extended period of service. If the fresh tenure is after settlement of the gratuity pertaining to the original spell, gratuity should be payable later subject to the parameter for minimum qualifying service.
B) If the service post formal superannuation is based on a " contract for service ", no gratuity shall be payable irrespective of its duration.

From India, Salem
gannahope
67

Ya very nice query. Now and then recent times retired employees have been taken as contractual employees..
First thing Retired employees age is usually above 60yrs. So applicability of labour laws nullified.
Payment of Graduity is as desired by Management. The definition of Graduity means showing our gratitude towards an employee for his valuble services to the company. So it is left to be decided by the company itself.
Regarding timings and safety measures as usual with general regular employees.
Thank you pls

From India, Nellore

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