Hi,
When an employee converts from full time to part time his salary break up will reduce and also thereby the PF and ESI contribution. I want to know whether the tenurity of the employee will cease on the last day of employment as full time or can there be a continuity of tenure in such movement?
It would be great if anyone can share the clause in either labour law/ PF law etc.. which specifies that the tenure can continue.
From India, Bangalore
When an employee converts from full time to part time his salary break up will reduce and also thereby the PF and ESI contribution. I want to know whether the tenurity of the employee will cease on the last day of employment as full time or can there be a continuity of tenure in such movement?
It would be great if anyone can share the clause in either labour law/ PF law etc.. which specifies that the tenure can continue.
From India, Bangalore
For all statutory benefits like gratuity, PF, eligibility for earned leave, bonus etc, part time employment has the same status as that of full time employment. As such a part time employee completing 5 years of employment even with part time engagement on each day will be entitled to gratuity, part time employee attending 30 days a year will be entitled to bonus or part time employee engaging even a day will be entitled to PF/ESI.
Change from the status of full time employee into part time employee will not make any difference with regard to service tenure. It makes difference only with respect to wages which will obviously be paid proportionately.
Madhu.T.K
From India, Kannur
4246Change from the status of full time employee into part time employee will not make any difference with regard to service tenure. It makes difference only with respect to wages which will obviously be paid proportionately.
Madhu.T.K
From India, Kannur
Thank you Sir. Would it be possible to quote the legal clause which says that full time to part time movement does not affect tenurity? I need to share this with my employer.
From India, Bangalore
From India, Bangalore
Mr. T.K. Madhu has replied correctly. Most of the laws applicable in this do not differentiate between part-time and dull time status. In case the company has reissued fresh appointment letter and changed terms of employment then service break is applicable else it will be continuous employment
From India, Mumbai
From India, Mumbai
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Statutory Compliance of a Industrial or Commercial Unit.xls
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