Gratuity

This query is : Resolved 
 


Querist : Anonymous (Querist)
16 April 2018

Are part time employees eligible for gratuity under payment of gratuity act?


Ms.Usha Kapoor (Expert)
16 April 2018

If the following conditions are fulfilled part time employees are eligible for gratuity.
), 1. Part-time employees/persons generally undertake the work for a number of persons or organisations. For example a watchman engaged by number of houses/homes for night security and payment of minor sum of charges viz. 200 or 300 rupees in a month by each house to him can in no way be termed as an employee for all such number of houses. On the other hand, if a watchman is engaged by one person or an agency for night security and he is paid wages by such one person or agency, then he can be termed as an employee and thus coverable under labour laws. The part-time persons generally work under "contract for service" and are not employees. 2. In addition, there are practical difficulties for coverage of such part-time employees under various labour laws. Therefore, it is difficult to term such persons as employees under various labour laws.

Ms.Usha Kapoor (Expert)
16 April 2018

However, each cases will depend upon on facts of such case and no hard and fast rules can be laid down. 3. ESIC Revenue Manual (Page 83) lays down as follows:- " Before deciding whether an employee is on contract of service or contract for service, his nature of job, timings, general conditions of work , supervision and control of the employer, remuneration, leave with wages, paid holidays, payment of bonus, coverage under EPF and deduction of PF contribution,deduction of professional tax and income tax, sanction and payment of long term advances etc, is to be examined. Generally, the Courts have opined that if the work is done by different persons working under him at different points of time and not a particular person, the same is a Contract for Service. For example : in a Service contract of Air Conditioner someone is sent for servicing each time and no fixed person is sent. Similarly, Auditing of Accounts by a Chartered Accountants Firm, Consultancy services rendered by Professional Tax Consultants ,Technical Professional Consultants are examples of Contract for Service.These will serve as guidance in deciding the cases.

Kumar Doab (Expert)
16 April 2018

Go thru;
Payment of Gratuity Act 1972; 2(e), 2A
https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf



R.Ramachandran (Expert)
17 April 2018

Part time employees are not "employees" for the purpose of Payment of Gratuity Act, and as such are not entitled for payment of gratuity.


Part time employee has no claim for gratuity.

Dr J C Vashista (Expert)
17 April 2018



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No reply for anonymous author.



P. Venu (Expert)
18 April 2018

There is no provision under the Gratuity Act making part time employees, if otherwise eligible, ineligible for gratuity..

Kumar Doab (Expert)
19 April 2018

Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

If you are facing a situation then Ms. Usha Kapoor has give you enough hints and indicators...


Kumar Doab (Expert)
20 April 2018

When you post with your ID post surrounding facts also..
If you have already engaged a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and is well informed then your counsel must have already opined on your matter that per facts of your matter



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