The Payment of Gratuity Act, 1972

Mayank (Querist) 09 February 2010 This query is : Resolved
The Payment of Gratuity Act, 1972

Q1. As per section 1 (3), the act applies to every establishment where 10 or more persons are employed or……………………..
Shall an apprentice be interpreted as a person for the purpose of section 1 (3)?

It is clear through section 2 (e) that an apprentice can’t be an employee but shall he be the person for the applicability of Act to an establishment Where 10 or more apprentice are employed? (09-02-2010)

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A V Vishal (Expert) 09 February 2010
No even in case of employment of 10 or more apprentices the act will not be applicable as the definition of person does not include apprentice.

Raj Kumar Makkad (Expert) 09 February 2010
I do agree with vishal.

B K Raghavendra Rao (Expert) 09 February 2010
An apprentice is not an employee. He is only a learner even though he receives some payment called apprenticeship. Therefore, apprentices are not counted for application of gratuity act.

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