I would like to know if 5 consecutive adhoc employments of 11 months each (clearance and relieving formalities completed in all respects at the end of every 11 months period) will be treated as continuous service and make the employee eligible to be entitled for gratuity payment or is it interruption of service as per the provisions of the Payment of Gratuity Act, 1972?
From India, Pune
From India, Pune
From the limited facts provided, it appears that this is interrupted service and not uninterrupted service amounting to çontnuous service' as per PGA 1972 provided the interruption has resulted in an order denoting break in service during all along the five years. As per Section 2 (A) (1) service interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee. So this matter has to be examined in detail from that angle.
From India, Mumbai
1530From India, Mumbai
Dear Saikrishna,
The term " Continuous Service ", not only in the PG Act,1972, in whichever Labor Law it occurs, has been defined in such a manner to create a legal fiction by converting certain specific interruptions in service as non-interruptions. The principal objective is the prevention of unfair labor practice of keeping employees on temporary contract rolls years together with small periodic breaks in order to deprive them of service benefits like leave, permanency, terminal benefits etc. That's why amendment in the Standing Orders Central Rules was introduced regulating the conditions of Fixed Term Contract employees and hope you are aware of the same.
Therefore, let us know when the so called as hoc employment contract of 11 months a year commenced and whether the same employees are continued as such even now and when the necessity of such job is required year after year consecutively, what's the impediment in converting them as permanent posts.
From India, Salem
The term " Continuous Service ", not only in the PG Act,1972, in whichever Labor Law it occurs, has been defined in such a manner to create a legal fiction by converting certain specific interruptions in service as non-interruptions. The principal objective is the prevention of unfair labor practice of keeping employees on temporary contract rolls years together with small periodic breaks in order to deprive them of service benefits like leave, permanency, terminal benefits etc. That's why amendment in the Standing Orders Central Rules was introduced regulating the conditions of Fixed Term Contract employees and hope you are aware of the same.
Therefore, let us know when the so called as hoc employment contract of 11 months a year commenced and whether the same employees are continued as such even now and when the necessity of such job is required year after year consecutively, what's the impediment in converting them as permanent posts.
From India, Salem
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