In the Media company some professional editors and cameraman are working and they are getting professional fees after deducting TDS @10% under section 194J.
Can any one from the above category is eligible of Gratuity if he is providing his services for more then 5 years.
Sanjeev kwatra
Advocate
From India, Delhi
11Can any one from the above category is eligible of Gratuity if he is providing his services for more then 5 years.
Sanjeev kwatra
Advocate
From India, Delhi
Hi,
If those professional editors / cameraman are engaged on full time basis, paid with monthly salary and if they are contributing to the Company for more than 5 years then they are eligible for Gratuity. Alternatively if they are working on assignment basis for a particular time frame and not on full time work basis and if they are paid retainer fee then they will not be eligible for Gratuity as they are not Employee as defied by Gratuity Act.
From India, Madras
If those professional editors / cameraman are engaged on full time basis, paid with monthly salary and if they are contributing to the Company for more than 5 years then they are eligible for Gratuity. Alternatively if they are working on assignment basis for a particular time frame and not on full time work basis and if they are paid retainer fee then they will not be eligible for Gratuity as they are not Employee as defied by Gratuity Act.
From India, Madras
Gratuity is a benefit provided to employees in recognition of their long-term service to an organization. However, the eligibility for gratuity depends on the terms of employment, nature of engagement, and the applicability of the Payment of Gratuity Act, 1972.
In the case of professional editors and cameramen who are working as independent contractors or freelancers and receiving professional fees with TDS deducted under section 194J, their eligibility for gratuity can be different compared to regular employees. Here are some points to consider:
Employee Status: The Payment of Gratuity Act applies to employees who are considered "employees" as per the Act's definition. Generally, independent contractors or freelancers are not considered employees under this Act.
Contractual Engagement: If editors and cameramen are working as independent contractors under a specific contract or engagement, they might not be covered by the gratuity provisions, as they might not meet the criteria of being employees under the Act.
Nature of Work: The nature of work, control, and supervision exercised over the individuals can also influence whether they are considered employees or independent contractors.
Long-Term Engagement: While gratuity is typically associated with long-term service, the applicability of the Act to independent contractors is not well-defined. Gratuity is more commonly associated with traditional employment relationships.
Legal Consultation: If you are uncertain about the eligibility of specific individuals for gratuity, it's advisable to seek legal advice or consult with a labor law expert familiar with the local laws and regulations.
Contractual Arrangements: If the company wishes to provide similar benefits to long-term contractors, it can be done through contractual agreements, but this would not fall under the purview of the Gratuity Act.
In summary, the eligibility of professional editors and cameramen for gratuity depends on their employment status, contractual arrangements, and the specific legal and regulatory framework in your jurisdiction.
In the case of professional editors and cameramen who are working as independent contractors or freelancers and receiving professional fees with TDS deducted under section 194J, their eligibility for gratuity can be different compared to regular employees. Here are some points to consider:
Employee Status: The Payment of Gratuity Act applies to employees who are considered "employees" as per the Act's definition. Generally, independent contractors or freelancers are not considered employees under this Act.
Contractual Engagement: If editors and cameramen are working as independent contractors under a specific contract or engagement, they might not be covered by the gratuity provisions, as they might not meet the criteria of being employees under the Act.
Nature of Work: The nature of work, control, and supervision exercised over the individuals can also influence whether they are considered employees or independent contractors.
Long-Term Engagement: While gratuity is typically associated with long-term service, the applicability of the Act to independent contractors is not well-defined. Gratuity is more commonly associated with traditional employment relationships.
Legal Consultation: If you are uncertain about the eligibility of specific individuals for gratuity, it's advisable to seek legal advice or consult with a labor law expert familiar with the local laws and regulations.
Contractual Arrangements: If the company wishes to provide similar benefits to long-term contractors, it can be done through contractual agreements, but this would not fall under the purview of the Gratuity Act.
In summary, the eligibility of professional editors and cameramen for gratuity depends on their employment status, contractual arrangements, and the specific legal and regulatory framework in your jurisdiction.
Hi Sanjeev,
In your question as to whether professional editors, cameraman are paid professional charges after deduction 10% TDS under section 194J are not considered as employees for whom the statutory provisions like EST & PF and bonus are not applicable. They are not eligible for Gratuity, however considering their long term services lie 5 years or more, it will be the prerogative of the management to pay gratuity, but not according to the rules of employees.
Thanks
From India, Bangalore
In your question as to whether professional editors, cameraman are paid professional charges after deduction 10% TDS under section 194J are not considered as employees for whom the statutory provisions like EST & PF and bonus are not applicable. They are not eligible for Gratuity, however considering their long term services lie 5 years or more, it will be the prerogative of the management to pay gratuity, but not according to the rules of employees.
Thanks
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt