My Company has nearly 500 employees. We are doing in house process for our client (within our premises) also doing some body shopping like team lease and mafoi to our client
One of our employees worked in our premises for X client(worked in our own premises) and later we moved him to Y client (which is body shopping). His overall experience is 6 years now and he recently submitted his paper. So his experience is 2 years in our own premises and 4 yrs in client place which is body shopping.
My query is in gratuity part. My management is ready to pay 2 yrs gratuity part only (where the guy is in our premises) and ask my client to reimburse for the 4 yrs gratuity (where he was in client premises on body shop method). And our billing to client so far on cost plus basis and which is excluded of gratuity. We don’t have any agreement on particular clause on gratuity. Our monthly billing also not included this gratuity as a part. Our billing type is CTC(with out gratuity part)+10% margin+Service Tax.
My management is not ready to pay for 4 yrs and the same story is from client side and they argued that the guy have worked only for 4 years hence they will not pay for that. In this scenario if we paid only 2 yrs what are the consequences we have to face from the labour court or officer if this case is goes to labour tribunal.
Since he is a worked 4 years in Y client premises what is the liability and consequences for client Y company? Please share your valuable opinion. So that we will explain this to our management and client and get the payment done to that employee properly.
One of our employees worked in our premises for X client(worked in our own premises) and later we moved him to Y client (which is body shopping). His overall experience is 6 years now and he recently submitted his paper. So his experience is 2 years in our own premises and 4 yrs in client place which is body shopping.
My query is in gratuity part. My management is ready to pay 2 yrs gratuity part only (where the guy is in our premises) and ask my client to reimburse for the 4 yrs gratuity (where he was in client premises on body shop method). And our billing to client so far on cost plus basis and which is excluded of gratuity. We don’t have any agreement on particular clause on gratuity. Our monthly billing also not included this gratuity as a part. Our billing type is CTC(with out gratuity part)+10% margin+Service Tax.
My management is not ready to pay for 4 yrs and the same story is from client side and they argued that the guy have worked only for 4 years hence they will not pay for that. In this scenario if we paid only 2 yrs what are the consequences we have to face from the labour court or officer if this case is goes to labour tribunal.
Since he is a worked 4 years in Y client premises what is the liability and consequences for client Y company? Please share your valuable opinion. So that we will explain this to our management and client and get the payment done to that employee properly.