My friend is in his start up of an HR department in his new org. Today he just happen to ask me a query whether for the purpose of coverage of Gratuity act even contract labour are taken into consideration? - means when the act says :
such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf
and when the definition of an employee itself in the act says:
employee” means any person (other than an apprentice) employed on wages, 2[***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, 3[and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
Let me knmow your expert opinion on it.. I shall be greatful to you'all.
My personal opinion says when we say 10 or more employees its just confined to our permanent employees and not contract workers.. hopwever it is just my view ..
Pls share me your views on it.. Pls its urgent..