Eligibility of Gratuity for Contract Labor
The case is as follows: Mr. X is a contract employee working with ABC Company (Contractor).
1. Mr. X was deputed to one company (principal employer_1) and worked for 3 years (01-01-2001 to 31-12-2003).
2. The contractor then shifted Mr. X to another company (principal employer_2) where he worked for 3 years (01-01-2004 to 31-12-2006).
My question is: Is Mr. X eligible for gratuity or not? My confusion arises from the fact that he worked continuously for 6 years with different principal employers through the contractor. Please clarify.
Regards, Priyatham
From United States, San Diego
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1The case is as follows: Mr. X is a contract employee working with ABC Company (Contractor).
1. Mr. X was deputed to one company (principal employer_1) and worked for 3 years (01-01-2001 to 31-12-2003).
2. The contractor then shifted Mr. X to another company (principal employer_2) where he worked for 3 years (01-01-2004 to 31-12-2006).
My question is: Is Mr. X eligible for gratuity or not? My confusion arises from the fact that he worked continuously for 6 years with different principal employers through the contractor. Please clarify.
Regards, Priyatham
From United States, San Diego
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Not Eligible because he did not completed 4.6 yrs ian any single company.. And in Contract labour Gratuity is called as Service pay if any thing wrong please suggest....
From India, Hyderabad
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From India, Hyderabad
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CLRA or BOCW acts are made specially for contract labors, because their duty is not fixed, and their payout is mostly consolidated of all leaves / bonus / and other incentives .
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Dear Colleague,
Yes, he is eligible for gratuity. He has apparently completed more than 5 years with the same employer (the Contractor, who is his immediate Employer) though his stint with the two client employers is 3 years each.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Yes, he is eligible for gratuity. He has apparently completed more than 5 years with the same employer (the Contractor, who is his immediate Employer) though his stint with the two client employers is 3 years each.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Dear Priyatham The said contract employee is eligible for Gratuity subject to he can prove continuity of service in his employment with the said contractor. Shailesh Parikh 99 98 97 10 65 Vadodara
From India, Mumbai
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From India, Mumbai
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Dear Priyatham,
As per your statement, there is no discontinuation of services for the contract employee who was engaged from 01-01-2001 to 31-12-2006. Hence, undoubtedly, the contract employee is entitled to payment of gratuity.
Thank you.
From India, Hyderabad
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As per your statement, there is no discontinuation of services for the contract employee who was engaged from 01-01-2001 to 31-12-2006. Hence, undoubtedly, the contract employee is entitled to payment of gratuity.
Thank you.
From India, Hyderabad
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Yes he is entitled for gratuìty from his real employer. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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the Contract labour was an employee of the Contractor with whom he had worked continuously for six years. He is eligible for gratuity from his Contractor (i.e. immediate employer)
From India, Mumbai
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From India, Mumbai
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Sir,
In this regard, my query is:
X is a contract employee, and he has served the company for 6 years in the following way: During the 6-year tenure, he served 3.5 years through ABC Contractor and the remaining 3 years through XYZ Contractor. Is he eligible for gratuity? Please guide.
From India, Pune
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In this regard, my query is:
X is a contract employee, and he has served the company for 6 years in the following way: During the 6-year tenure, he served 3.5 years through ABC Contractor and the remaining 3 years through XYZ Contractor. Is he eligible for gratuity? Please guide.
From India, Pune
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Less than 5 years service - Eligibility for payment of gratuity.pdf
Contract For Service vs Contract Of Service.docx
Contract Labor - PPT.ppt