ajayjanaknagar
gratuity is liablities of contractor or principal employer?
From India, Dhanbad
R.N.Khola
363

Dear
Both are liable to pay gratuity to their own employees if their establishment is covered under this act.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

From India, Delhi
santu203
14

Dear Ajay
Under contract labour act both are Responsibility to pay Gratuity, b'coz contractor as to pay the gratuity, if contractor as fail to pay gratuity, Principal employer as liable to pay
Regards
Santhosh

From India
globaloverseas144
46

Dear ajay,
Yes,contractor have liability to pay gratuity but the principle employer have to ensure that their contract workers providing all benefits as per legal requirements by the contractor to all workers who is working in the premises of the factory(principle employer).
Best Regards
Sajid-Ansari-Delhi

From India, Delhi
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giri7int
1

Also to add to this; If the Principal Employer has paid for the Gratuity of Contract Employees this can be claimed by the employer from the contractor on a later date.
From India, Delhi
prashant_nair
2

Dear all!!! The legal liability vests on the contractor as he is his employer under the Payment of Gratuity Act. The principal employer has no responsibility in this regard. There is an old judgement of kerala High Court squarely covering this point Regards KK Nair

malikjs
167

dear
mr nair is absolutely right.contactor is responsible for gratuity/bonus payment .
principle employer is responsible for wages only.
principle employer is not responsible for payment of gratuity.there is judgement of kerala high court in this regard also.
regards
js malik

From India, Delhi
gaggan_sahni
3

Can the Kerala High court judgement be uploaded here for our reference. Principle Employer is not only responsible for Wages but PF and ESI and all the statutory compliances and has to provide all benefit as he gives to his permanent employees..
From United Kingdom
bbb222
Principal Employer is responsible of payment of Minimum Wages, PF and ESI / WC. However, they may ensure all statutory and contractual compliances by the Contractor w.r.t. EDLI, Group Personal Accident, Previledge Leave and bonus /ex-gratia.
Regards,
Biswabhushan Behera

From India, Delhi
Gahelot
Dear Contractor is also liable to pay Gratuity. But its the duty of principle employer to ensure that Contractor is providing Gratuity,Bonus or not Regards Gahelot G.P Adampur
From India, Delhi
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