Have worked in a PSU for six years as a contract employee with intermittent breaks, the maximum ever break being less than three months at a stretch. However, despite intermittent breaks and fresh joinings subsequent to new job offers, I have always worked for more than 240 days for six years in any one year starting from the first date of starting employment. Please guide on:
1. Whether I am entitled to gratuity
2. Pertinent acts and clauses
3. Supporting case laws
4. Appellate authority in case the employer disputes entitlement
Thanks in advance for your help.
From India, Delhi
Acknowledge(0)
Amend(0)
51. Whether I am entitled to gratuity
2. Pertinent acts and clauses
3. Supporting case laws
4. Appellate authority in case the employer disputes entitlement
Thanks in advance for your help.
From India, Delhi
Acknowledge(0)Amend(0)
If you work more than 240 days in any year of service, you can claim permanency with the contractor. After 240 days, your contractor may terminate your service and make a new appointment after a 3-month break.
Types of Work and Permanency
If you perform the same types of work in the same department or other departments during six years of service in the same establishment, it is sufficient reason to prove that the work is perennial in nature.
Engagement of Contract Labor
In short, if your operations are regular in nature and can engage regular/full-time employees, you should not engage contract labor.
Approaching Authorities
Regarding the above, you can first approach the Government labor office for conciliation. If the conciliation officer is unable to complete the reference within three months, then you can approach the Labor court.
Request to the expert, please shed light on the above query.
Regards,
Sacheein
From India, Mumbai
Acknowledge(0)Amend(0)
Types of Work and Permanency
If you perform the same types of work in the same department or other departments during six years of service in the same establishment, it is sufficient reason to prove that the work is perennial in nature.
Engagement of Contract Labor
In short, if your operations are regular in nature and can engage regular/full-time employees, you should not engage contract labor.
Approaching Authorities
Regarding the above, you can first approach the Government labor office for conciliation. If the conciliation officer is unable to complete the reference within three months, then you can approach the Labor court.
Request to the expert, please shed light on the above query.
Regards,
Sacheein
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
FORM I(Application for Gratuity by an employee).doc