Dear Anand,
It was not my view about part time worker but different observations about part time workers with which they were denied the protection available under the labour Acts. I have also given the final views about the part time workers. Please read the post in full.
Madhu.T.K
From India, Kannur
4239It was not my view about part time worker but different observations about part time workers with which they were denied the protection available under the labour Acts. I have also given the final views about the part time workers. Please read the post in full.
Madhu.T.K
From India, Kannur
Sir(s),
1. Part-time employees/persons generally undertake the work for a number of persons or organisations. For example a watchman engaged by number of houses/homes for night security and payment of minor sum of charges viz. 200 or 300 rupees in a month by each house to him can in no way be termed as an employee for all such number of houses. On the other hand, if a watchman is engaged by one person or an agency for night security and he is paid wages by such one person or agency, then he can be termed as an employee and thus coverable under labour laws. The part-time persons generally work under "contract for service" and are not employees.
2. In addition, there are practical difficulties for coverage of such part-time employees under various labour laws. Therefore, it is difficult to term such persons as employees under various labour laws. However, each cases will depend upon on facts of such case and no hard and fast rules can be laid down.
3. ESIC Revenue Manual (Page 83) lays down as follows:-
" Before deciding whether an employee is on contract of service or contract for service, his nature of job, timings, general conditions of work , supervision and control of the employer, remuneration, leave with wages, paid holidays, payment of bonus, coverage under EPF and deduction of PF contribution,deduction of professional tax and income tax, sanction and payment of long term advances etc, is to be examined. Generally, the Courts have opined that if the work is done by different persons working under him at different points of time and not a particular person, the same is a Contract for Service. For example : in a Service contract of Air Conditioner someone is sent for servicing each time and no fixed person is sent. Similarly, Auditing of Accounts by a Chartered Accountants Firm, Consultancy services rendered by Professional Tax Consultants ,Technical Professional Consultants are examples of Contract for Service.These will serve as guidance in deciding the cases ."
From India, Noida
1. Part-time employees/persons generally undertake the work for a number of persons or organisations. For example a watchman engaged by number of houses/homes for night security and payment of minor sum of charges viz. 200 or 300 rupees in a month by each house to him can in no way be termed as an employee for all such number of houses. On the other hand, if a watchman is engaged by one person or an agency for night security and he is paid wages by such one person or agency, then he can be termed as an employee and thus coverable under labour laws. The part-time persons generally work under "contract for service" and are not employees.
2. In addition, there are practical difficulties for coverage of such part-time employees under various labour laws. Therefore, it is difficult to term such persons as employees under various labour laws. However, each cases will depend upon on facts of such case and no hard and fast rules can be laid down.
3. ESIC Revenue Manual (Page 83) lays down as follows:-
" Before deciding whether an employee is on contract of service or contract for service, his nature of job, timings, general conditions of work , supervision and control of the employer, remuneration, leave with wages, paid holidays, payment of bonus, coverage under EPF and deduction of PF contribution,deduction of professional tax and income tax, sanction and payment of long term advances etc, is to be examined. Generally, the Courts have opined that if the work is done by different persons working under him at different points of time and not a particular person, the same is a Contract for Service. For example : in a Service contract of Air Conditioner someone is sent for servicing each time and no fixed person is sent. Similarly, Auditing of Accounts by a Chartered Accountants Firm, Consultancy services rendered by Professional Tax Consultants ,Technical Professional Consultants are examples of Contract for Service.These will serve as guidance in deciding the cases ."
From India, Noida
Sir(s), In continuation of my remarks as above, I may further add as follows for kind consideration:-
1. The issue on similar lines was earlier also discussed in citeHR sometime back. The links are mentioned as follows:-
https://www.citehr.com/392839-part-t...man-under.html
Minimum wages for part time labourers - labour acts.. CiteLegal
2. Further, in a recent judgment, the Hon'ble Supreme Court has held that Part-time employees are not entitled for regularisation in their services. The copy of judgment is linked herewith as e-mail attachment.
From India, Noida
1. The issue on similar lines was earlier also discussed in citeHR sometime back. The links are mentioned as follows:-
https://www.citehr.com/392839-part-t...man-under.html
Minimum wages for part time labourers - labour acts.. CiteLegal
2. Further, in a recent judgment, the Hon'ble Supreme Court has held that Part-time employees are not entitled for regularisation in their services. The copy of judgment is linked herewith as e-mail attachment.
From India, Noida
If employee is not eligible for gratuity then why this is the part of CTC as company is deducting from employee CTC. If gratuity is not payback to an employee who have not completed 4 or 5 years in an organisation then how it became the cost to company.
i will legally except if an employee complete its 4 or 5 year in a company then company can say that it is costing me and it includes in my CTC.
if there is no amount is being deposited by company before 4- 5 year then whats the point a company can keep employee gratuity amount which was deducted in the name of COST TO COMPANY, or where it is written that employee have no right on this amount?
As per my understanding in case where company is committed to pay the amount of gratuity on behalf of employee if he completes its 5 year in a continuous service and in case if the employee was not able to complete its 5 year then no employee can claim for gratuity amount for not completing the desirable years.
i think showing Gratuity in CTC and deducting this amount can be claimed from company if not completing 5 years and resignation is in normal scene.
From India, Delhi
i will legally except if an employee complete its 4 or 5 year in a company then company can say that it is costing me and it includes in my CTC.
if there is no amount is being deposited by company before 4- 5 year then whats the point a company can keep employee gratuity amount which was deducted in the name of COST TO COMPANY, or where it is written that employee have no right on this amount?
As per my understanding in case where company is committed to pay the amount of gratuity on behalf of employee if he completes its 5 year in a continuous service and in case if the employee was not able to complete its 5 year then no employee can claim for gratuity amount for not completing the desirable years.
i think showing Gratuity in CTC and deducting this amount can be claimed from company if not completing 5 years and resignation is in normal scene.
From India, Delhi
Dear All My Friends
Here I have also one query.
Please tell
1. If Employee DOJ 10/05/2010. and management ask for resignation on 12/12/2014 after complete 4 years 07 month
2. The employee not resigned but say if employer pay him one month notice payment and gratuity for last 5 years then he is ready for same.
3. The termination of service is management wish
4. Please provide reply as per law :-
He is eligible for gratuity or not in case of service termination by management?
Because this is regular practice of company to remove the employee near about 5 years of employment by asking the resignation.
From India, New Delhi
Here I have also one query.
Please tell
1. If Employee DOJ 10/05/2010. and management ask for resignation on 12/12/2014 after complete 4 years 07 month
2. The employee not resigned but say if employer pay him one month notice payment and gratuity for last 5 years then he is ready for same.
3. The termination of service is management wish
4. Please provide reply as per law :-
He is eligible for gratuity or not in case of service termination by management?
Because this is regular practice of company to remove the employee near about 5 years of employment by asking the resignation.
From India, New Delhi
Whether termination or resignation, in order to the eligible for gratuity, the employee should work at least for 5 years. In the case of termination, the employee has defence that there should be sufficient reasons for termination and it should be done only after following the provisions of ID Act, if it is retrenchment or by following a proper enquiry. In the course of termination, if both come to an agreement that considering the length of service, gratuity will be paid, then it can be paid. There is no illegality in arriving at an agreement which will benefit the employee(s)
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hi All
If 5 days week organisation employee completed 4 years 11 months & put his resignation then is the employee is eligible to avail the benefits of gratuity & superannuation??
Please let me know the criteria for Gratuity & superannuation... when can employee eligible/ claim gratuity & superannuation.
From India, Pune
If 5 days week organisation employee completed 4 years 11 months & put his resignation then is the employee is eligible to avail the benefits of gratuity & superannuation??
Please let me know the criteria for Gratuity & superannuation... when can employee eligible/ claim gratuity & superannuation.
From India, Pune
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 Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx