Sir,
may please tell if Principal Employer will be held liable by labour Dept, in case the contracor fails to make payment of gratuity at the the time contract closing and the workers have worked for more than five years each ?
P C Singh
From India, New Delhi
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may please tell if Principal Employer will be held liable by labour Dept, in case the contracor fails to make payment of gratuity at the the time contract closing and the workers have worked for more than five years each ?
P C Singh
From India, New Delhi
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Sir,
may please tell if Principal Employer will be held liable by labour Dept, in case the contracor fails to make payment of gratuity at the the time contract closing and the workers have worked for more than five years each ?
From India, Hyderabad
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may please tell if Principal Employer will be held liable by labour Dept, in case the contracor fails to make payment of gratuity at the the time contract closing and the workers have worked for more than five years each ?
From India, Hyderabad
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Principal employer is liable only for payment of wages (in case contractor fails to do so). Here, wages as as defined in Payment of wages act excludes gratuity, bonus from definition of wages. Therefore Principal employer is not bound legally to pay for Gratuity to Contract Labour, unless there is an agreement in this behalf
From India, Mumbai
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1From India, Mumbai
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dear principle employer is not liable for payment of gratuity to contract workers.even it was decided by karnatka high court in one case
From India, Delhi
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From India, Delhi
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Sir,
Please clarify, if in certain annual contracts, the labours donot get changed, whereas the contrctors get changed and in this situation if the labours have worked for more than 10/15 years under different contractors, whether there will be any liablilty on P.E., say at the end of 15 years ?
P C Singh
From India, New Delhi
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Please clarify, if in certain annual contracts, the labours donot get changed, whereas the contrctors get changed and in this situation if the labours have worked for more than 10/15 years under different contractors, whether there will be any liablilty on P.E., say at the end of 15 years ?
P C Singh
From India, New Delhi
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Yes if the contractual employee claiming for Gratuity prove that he has worked with the PE for more than 5 years without any break. Then PE will be held liable to pay Gratuity to such contract labours.
From India, Delhi
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From India, Delhi
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In a recent judgment in a case titled as Superintending Engineer vs. Appellate Authority, JLC Hon'ble High Court of Madras held that the initial responsibility lies on the contractor to make payment of gratuity in view of Section 21(4) of the CLRA Act.
In case the contractor fails to pay gratuity to the contract labor, the principal employer is liable to pay gratuity, which can in turn be recovered from the contractor.
From India, Delhi
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In case the contractor fails to pay gratuity to the contract labor, the principal employer is liable to pay gratuity, which can in turn be recovered from the contractor.
From India, Delhi
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Contract employee & Principal employer 2017.pdf
NOTE ON PRINCIPAL EMPLOYER TO ENGAGE CONTRACT LABOUR.pptx