In our company, we were 9 employees and one part time employee. Whether the employer eligible to pay gratuity? But the part time employee not signing the register. In that case what should we do?
From India, Trivandrum
From India, Trivandrum
Hi Nandhu,
You recognised the 10th person as employee and possibly included in your pay roll as well. Therefore you are reaching to 10 employee firm. And therefore the act is applicable.
If the part timer is coming regularly i.e., hours are same for each day, or he is coming few days in a week or so, then he/she is also eligible for gratuity. Please refer to definition of employee under gratuity it is clearly defined that part time employees are also eligible for payment of gratuity. However other stipulations under the act including completion of 5 years of 'continuous service' etc are applicable for 'part time employees' also . You may read more here in this link -
https://www.citehr.com/583399-gratui...-employee.html
xxxx
(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] 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, [4] [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].
xxxx
From India, Bangalore
1076You recognised the 10th person as employee and possibly included in your pay roll as well. Therefore you are reaching to 10 employee firm. And therefore the act is applicable.
If the part timer is coming regularly i.e., hours are same for each day, or he is coming few days in a week or so, then he/she is also eligible for gratuity. Please refer to definition of employee under gratuity it is clearly defined that part time employees are also eligible for payment of gratuity. However other stipulations under the act including completion of 5 years of 'continuous service' etc are applicable for 'part time employees' also . You may read more here in this link -
https://www.citehr.com/583399-gratui...-employee.html
xxxx
(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] 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, [4] [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].
xxxx
From India, Bangalore
Thanks Kumar.S. I have one more question. We asked our gratuity, but the employer said that, she is a consultant. But until we ask our gratuity she was a part time employee, after demanding our gratuity they suddenly changed their designation as consultant with predate. And we dont have record for signing in register or anything to prove her as employee. But she is getting a monthly fixed salary, it will be credited in the bank. Not giving any payslips for her. In such case is there any possibility to prove her as employee?
From India, Trivandrum
From India, Trivandrum
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf