Dear All
Just one point :
The concept of "26 days" is just for calculation of the quantum of gratuity, (where if you use 30 days, then in the formula the denominator being higher, the gratuity amount becomes less).
"26 days" concept is not meant to be thrown up everywhere and in in every situation with the intention of denying the workers' their rightful dues.
It is sad to find that in India there are more than 1500 labour laws and all are voluminous.
Now we can also understand the reasons. Sorry to say, but we Indians have the mentality to find loopholes and wriggle out of situations. We do not respect the 'spirit of the law'.
The basic philosophy of Labour laws is to ensure certain benefits to the labour class, who are at a disadvantageous position vis-a-vis the all powerful employer. Unfortunately, we HR professionals, instead of being fair, always try to endear ourselves to the management, for our own personal gains, and we look for ways to "save" money for the management by trying to exploit the loopholes. They might think of themselves as "smart".
In this whole discussion, except Mr. Dhingra, no-one has even suggsted that, let us respect the spirit, and not the letter, of the Law.
I wonder how HR in other countries work, considering the fact that there every employee can be a "whistle-blower" and the law protects employees testifying against their own employers.
Dear Mt. Carmel
I presume your nickname comes from your alma-mater, so I expect you would work towards enhancing the prestige of your institution.
Let us not make fun of the Labour Acts by prefixing terms as "Great" or otherwise.
Let us have some respect for the Law; at least and especially for Labour Laws considering that it is connected to the livelihood of HR professionals.
The thread stands closed, herewith.
Warm regards.
From India, Delhi
1426Just one point :
The concept of "26 days" is just for calculation of the quantum of gratuity, (where if you use 30 days, then in the formula the denominator being higher, the gratuity amount becomes less).
"26 days" concept is not meant to be thrown up everywhere and in in every situation with the intention of denying the workers' their rightful dues.
It is sad to find that in India there are more than 1500 labour laws and all are voluminous.
Now we can also understand the reasons. Sorry to say, but we Indians have the mentality to find loopholes and wriggle out of situations. We do not respect the 'spirit of the law'.
The basic philosophy of Labour laws is to ensure certain benefits to the labour class, who are at a disadvantageous position vis-a-vis the all powerful employer. Unfortunately, we HR professionals, instead of being fair, always try to endear ourselves to the management, for our own personal gains, and we look for ways to "save" money for the management by trying to exploit the loopholes. They might think of themselves as "smart".
In this whole discussion, except Mr. Dhingra, no-one has even suggsted that, let us respect the spirit, and not the letter, of the Law.
I wonder how HR in other countries work, considering the fact that there every employee can be a "whistle-blower" and the law protects employees testifying against their own employers.
Dear Mt. Carmel
I presume your nickname comes from your alma-mater, so I expect you would work towards enhancing the prestige of your institution.
Let us not make fun of the Labour Acts by prefixing terms as "Great" or otherwise.
Let us have some respect for the Law; at least and especially for Labour Laws considering that it is connected to the livelihood of HR professionals.
The thread stands closed, herewith.
Warm regards.
From India, Delhi
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt