Whether outsourced employees are eligible for gratuity

PSu does not provide any format. but it needs to inform them. But the attendance is being maintained by the PSU Hr staff. for that these outsourced employees does not have a single piece of paper with them because everyhting that mean every bit of communication is being supressed from these employees. there is noting in pen and paper. Only verbal communication exists in front of the employees.

Employees while seeking for maternity leave or any other payment in lieu of yearly leave writes application to the Manpower agency. The application is routed through the reporting officer of th concerned employee of the PSU, keeping the PSU Hr in the loop. And those appliation are duly processed by the PSU HR. In between if there is any communication between the PSU nand the Manpower agency, then these are not communicated to the employees. In fact there is a hush hush rule everywhere.

Sir, What is the general rule? in the Payment o fGratuity Act, there is no whisper regarding the contractual employees. The Act need an Amendment. Does the Govt looking into the matter ? Also as pwe the recent jugement of SC, there should be equalpay to contractual worker as per the same grade which is not really taking into effect.

The situation is really getting worse day after day.

“Teh employees are physically and verbally been told about hte change of the consultancy by the Principle employer i.e. the PSU. And after that the documentation part is being handled by the PSU with the Manpower agency……………….In the event of any sanction of leave, leave application is to be written to the Princpal employer / PSU……………..And those appliation are duly processed by the PSU HR.”

It is clear that the Manpower/Staffing Company has to pay the Gratuity and claim it in bill to Principle Employer. Usually BILL is submitted for everything including salaries.

In case of eligible employees if Manpower/Staffing Company does not pay the onus may……………..may fall upon Principle Employer. If that happens court may look into artificial break also.

It is normal practice that attendance/leave record is provided by establishment where employees are deputed.

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………