But may be they can avail benefit of gratuity since we can show temporary stoppage of employment...
From India, Pune
From India, Pune
Dear Seniors,
i read a judgement of Karla Hogh Court that neitherthe C.L. act , nor the payment of gratuity act provide that the employees engaged through the contractor will be entitled to gratuity from the principle employer and as such the principle employer will not be liable to pay gratuity to the employees engaged through the contractor.
So i think those employee are not liable for gartiuity.
Thanks
Amar Singh
From India, Delhi
i read a judgement of Karla Hogh Court that neitherthe C.L. act , nor the payment of gratuity act provide that the employees engaged through the contractor will be entitled to gratuity from the principle employer and as such the principle employer will not be liable to pay gratuity to the employees engaged through the contractor.
So i think those employee are not liable for gartiuity.
Thanks
Amar Singh
From India, Delhi
Is it possible to send the link of that judgment or any book through which I can refer and verify the same?
From India, Pune
From India, Pune
Hi
If they worked continuously for 5 years under C1 contractor then C1 has to pay the gratuity.
If their is break with in 5 years then we can't help it. Principal employers change vendors for every 3 -5years because of these headache.
Changing the contractor but not the manpower will have these types of concerns....,
Principal employer will not accept to pay if the principal employer has given provision for gratuity and paid the same to C1 and if there are any bills/invoices pending they can deduct the same pay to employees else ........
Thanks & Regards
Karthik
From India, Vijayawada
If they worked continuously for 5 years under C1 contractor then C1 has to pay the gratuity.
If their is break with in 5 years then we can't help it. Principal employers change vendors for every 3 -5years because of these headache.
Changing the contractor but not the manpower will have these types of concerns....,
Principal employer will not accept to pay if the principal employer has given provision for gratuity and paid the same to C1 and if there are any bills/invoices pending they can deduct the same pay to employees else ........
Thanks & Regards
Karthik
From India, Vijayawada
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.