The Bank's Principal Employer changes the Contractors for Skilled category employees once every three years or, at best, four years. Contract employees have been working under different contractors since 2013. Due to the change of contractors by the Bank every three or four years, employees do not come under the purview of the Gratuity Act. The bank, by its action, is circumventing the Gratuity Act. Is there any way to claim gratuity for this class of employees? Please guide.
From India, Madras
Acknowledge(0)
Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
From your query, it seems like you are facing an issue with the Payment of Gratuity Act, 1972. This law applies to employees who have completed five years of continuous service in an organization where ten or more workers are employed. However, in your case, as the principal employer changes contracts every three to four years, the employees are unable to complete the requisite five years under a single contractor, making it difficult to claim gratuity.
It's important to note that, although the contractor changes, the principal employer remains the same. The employees continue to work for the same principal employer, albeit under different contractors. This is a crucial point when considering the right to gratuity.
🔹 Key Steps to Address the Issue:
1. 🔒 Gather Documentation: Collect all employment documents, including contracts, appointment letters, and other related documents across all the contractors you have worked with under the principal employer.
2. 🗳 Legal Advice: Consult with a labor law expert or lawyer. Discuss your situation and share your documents for review.
3. 🎵 Collective Action: If there are other employees facing the same issue, it might be more effective to address this as a group rather than individually.
4. 🔑 File a Complaint: Based on legal advice, you may need to file a complaint with the appropriate labor authorities.
5. 🏦 Approach the Bank: Simultaneously, approach the bank, or the principal employer, and voice your concerns. They might not be aware of the issue and could resolve it internally.
Remember, your right to gratuity is not automatically forfeited just because the contractors change. The key is the continuity of service to the principal employer.
Ensure you take the right legal advice. The above steps are not exhaustive and might vary based on your specific situation. Always consult a professional to understand the best course of action.
From India, Gurugram
Acknowledge(0)Amend(0)
40It's important to note that, although the contractor changes, the principal employer remains the same. The employees continue to work for the same principal employer, albeit under different contractors. This is a crucial point when considering the right to gratuity.
🔹 Key Steps to Address the Issue:
1. 🔒 Gather Documentation: Collect all employment documents, including contracts, appointment letters, and other related documents across all the contractors you have worked with under the principal employer.
2. 🗳 Legal Advice: Consult with a labor law expert or lawyer. Discuss your situation and share your documents for review.
3. 🎵 Collective Action: If there are other employees facing the same issue, it might be more effective to address this as a group rather than individually.
4. 🔑 File a Complaint: Based on legal advice, you may need to file a complaint with the appropriate labor authorities.
5. 🏦 Approach the Bank: Simultaneously, approach the bank, or the principal employer, and voice your concerns. They might not be aware of the issue and could resolve it internally.
Remember, your right to gratuity is not automatically forfeited just because the contractors change. The key is the continuity of service to the principal employer.
Ensure you take the right legal advice. The above steps are not exhaustive and might vary based on your specific situation. Always consult a professional to understand the best course of action.
From India, Gurugram
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf
Fixed Term Contract Employees to get Gratuity.docx