The contractor terminates the contract at the end of 4 years and 6 months. The principal employer has been paying gratuity to the contractor in respect of outsourced employees every month as part of the bill. Is there any way for the employees to claim the amount? It is not the fault of the employees that they could not complete 4 years and 240 days to become eligible for gratuity.
From India, Madras
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From India, Madras
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As it stands now, there is a shortfall in gratuity eligibility. Is the contractor going to reappoint you after some time? In that case, if you complete 240 days of service within this 12-month period, you have a valid claim to gratuity.
If the project and your job are continuing
Then you can make a complaint to the Labor Officer of the local area against illegal termination, unfair labor practice, and make a claim for gratuity too.
From India, Mumbai
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1593If the project and your job are continuing
Then you can make a complaint to the Labor Officer of the local area against illegal termination, unfair labor practice, and make a claim for gratuity too.
From India, Mumbai
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If the gratuity is claimed by the contractor every month in the bill and reimbursed by the principal employer without verifying actual payment, then it is the foolishness of the principal employer who is wrongly paying the contractor without caring for the welfare of the workers.
Filing a Case for Gratuity Payment
If the workers have proof of payment of the gratuity amount every month, the terminated workers should file a case before the Controlling Authority under the Payment of Gratuity Act, i.e., the Assistant Labour Commissioner having jurisdiction, and plead the case with proper documentary evidence. The Authority may direct the contractor to pay the gratuity amount which is paid to him by the principal employer.
From India, Pune
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Filing a Case for Gratuity Payment
If the workers have proof of payment of the gratuity amount every month, the terminated workers should file a case before the Controlling Authority under the Payment of Gratuity Act, i.e., the Assistant Labour Commissioner having jurisdiction, and plead the case with proper documentary evidence. The Authority may direct the contractor to pay the gratuity amount which is paid to him by the principal employer.
From India, Pune
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True! There is negligence on the part of the Principal Employer. The PE needs to check what the contractor is paying to his workmen regularly and certify the same as per the Act. However, for the failure of the PE, workers should not lose their amounts that were paid to the contractor. The workers can approach the controlling authority, and the PE should support them in getting their dues by providing the required documents, etc., morally though not legally.
From India, Hyderabad
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From India, Hyderabad
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc