Transitioning from Full-Time to Part-Time: Does Employee Tenure Continue?

jivin
When an employee converts from full-time to part-time, their salary breakdown will reduce, affecting the PF and ESI contributions. I want to know whether the tenure of the employee will cease on the last day of full-time employment or if there can be a continuity of tenure in such a transition. It would be great if anyone could share the clause in labor law or PF law, etc., which specifies that the tenure can continue.

Regards,
Madhu.T.K
Statutory Benefits for Part-Time Employees

For all statutory benefits like gratuity, PF, eligibility for earned leave, bonus, etc., part-time employment has the same status as that of full-time employment. As such, a part-time employee completing 5 years of employment, even with part-time engagement on each day, will be entitled to gratuity. A part-time employee attending 30 days a year will be entitled to a bonus, or a part-time employee engaging even for a day will be entitled to PF/ESI.

Impact of Changing from Full-Time to Part-Time

Changing from the status of a full-time employee to a part-time employee will not make any difference with regard to service tenure. It makes a difference only with respect to wages, which will obviously be paid proportionately.

Regards,
Madhu.T.K
jivin
Thank you, sir. Would it be possible to quote the legal clause which states that moving from full-time to part-time does not affect tenure? I need to share this with my employer.
ajay_s_kini
Mr. T.K. Madhu has replied correctly. Most of the laws applicable in this context do not differentiate between part-time and full-time status. In case the company has reissued a fresh appointment letter and changed the terms of employment, then a service break is applicable; else, it will be continuous employment.
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