The query is in respect of a PSU Bank engaging casual labor for day-to-day operations such as branch cleaning, etc. If a person was engaged in casual labor on an intermittent basis, does he become eligible for a gratuity claim as per the new labor code?
As per the new labor codes, what benefits accrue to casual labor not employed for 240 days in continuation, and how would it differ if the person is engaged for 240 days?
From India, Hyderabad
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1As per the new labor codes, what benefits accrue to casual labor not employed for 240 days in continuation, and how would it differ if the person is engaged for 240 days?
From India, Hyderabad
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This is another classic example of exploiting casual labor. One sweeper who will work for years but not getting engagement full month to deprive him/her from payment of gratuity. In my opinion, gratuity should be paid.
Now, come to the law point as per the new Social Security Code, wherein Chapter V, clauses 53(2), and 54(B & C) explain the conditions of payment of gratuity for less than 240 days' work in a year. Please read those two clauses in detail to clarify any doubt.
S K Bandyopadhyay (WB, Howrah) CEO- USD HR Solutions 98310 81531
From India, New Delhi
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Now, come to the law point as per the new Social Security Code, wherein Chapter V, clauses 53(2), and 54(B & C) explain the conditions of payment of gratuity for less than 240 days' work in a year. Please read those two clauses in detail to clarify any doubt.
S K Bandyopadhyay (WB, Howrah) CEO- USD HR Solutions 98310 81531
From India, New Delhi
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Neither the existing Payment of Gratuity Act, 1972 nor the yet-to-be-notified Code on Social Security, 2020 classifies employees into permanent, temporary, or casual for the purpose of continuous service under Sections 2-A or 54 respectively. Both are in pari materia only. However, for the purpose of concession only, they distinguish establishments based on their work schedule: working for 6 days a week, less than 6 days a week, working below the ground in a mine, and seasonal working of the establishment under Sections (1), (2), and (3) of Section 2-A of the former and clauses (A), (B), and (C) of Section 54 of the latter.
Therefore, unless the intermittent breaks are caused at the instance of the employer for bogus reasons, a casual employee cannot stake his claim for gratuity when he has not completed the threshold number of days under the respective category.
From India, Salem
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Therefore, unless the intermittent breaks are caused at the instance of the employer for bogus reasons, a casual employee cannot stake his claim for gratuity when he has not completed the threshold number of days under the respective category.
From India, Salem
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