Dear HR Professionals ,
I was failed at interview recently because of 1 question .Plz answer me anybody if knows ,so that can be useful to me and all,
1.Are MLAs,MPs elegible to Gratuity ?
2.if Answer is "NO" why ? When other Govt people servers elegible ?
3.When ther r serving for 5 years, Y they r not elegible ?
4.If answer is "YES",in what basis Govt can give Gratuity to them .
Regards
Nandi
From India, Hyderabad
I was failed at interview recently because of 1 question .Plz answer me anybody if knows ,so that can be useful to me and all,
1.Are MLAs,MPs elegible to Gratuity ?
2.if Answer is "NO" why ? When other Govt people servers elegible ?
3.When ther r serving for 5 years, Y they r not elegible ?
4.If answer is "YES",in what basis Govt can give Gratuity to them .
Regards
Nandi
From India, Hyderabad
The question seems to be funny and at the same time has lot of sense. Therefore, I would like to answer. The answer is NO, they are not eligible for gratuity either under the Govt. Gratuity Rules or Payment of Gratuity Act because MLAs or MPs are not employees like any other government servants but are representatives of people pf their respective constituencies. They are not employed to get something done for the organisation but are engaged to represent the people. Moreover, selection and election are two different things and an employee is selected for a predefined assignment after a recruitment process whereas MLA/MP is not selected for doing a particular work.
Even though they are not given a fixed sum at the time of their completion of tenure, they are given life time pension! Therefore, if any MLA or MP happens to read this, I am afraid, if they raise this as a demand in the Lok Sabha or Assembly so that adequate amendments shall be made (for which there will not be any flag difference and all will unite) to the relevant Acts.
It is very unfortunate that we had to wait for long years to get the teachers in to the fold of Payment of Gratuity Act. Though the Act has been amended in their favour very recently, the verdict in Allahabad Private School Management Associations case in which the Apex Court had said that teachers are not workmen or employees since they were doing a 'noble profession' remained in force till 2010 In the similar way, these politicians are also engaged in a noble profession and therefore, I feel that their nobility may be continued and do not make them to the category of employees!
Madhu.T.K
From India, Kannur
4249Even though they are not given a fixed sum at the time of their completion of tenure, they are given life time pension! Therefore, if any MLA or MP happens to read this, I am afraid, if they raise this as a demand in the Lok Sabha or Assembly so that adequate amendments shall be made (for which there will not be any flag difference and all will unite) to the relevant Acts.
It is very unfortunate that we had to wait for long years to get the teachers in to the fold of Payment of Gratuity Act. Though the Act has been amended in their favour very recently, the verdict in Allahabad Private School Management Associations case in which the Apex Court had said that teachers are not workmen or employees since they were doing a 'noble profession' remained in force till 2010 In the similar way, these politicians are also engaged in a noble profession and therefore, I feel that their nobility may be continued and do not make them to the category of employees!
Madhu.T.K
From India, Kannur
Dear Nandi,
First of all -MPs & MLAs are not covered under the Payment of Gratuity Act. That's it. See the Eligibility conditions:
" (3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.] "
In this where is Parliament & Legislature (they work there only ???)
Secondly - There is no "Employer - Employee" relationship (who is the Boss and who are the employee/workermen ??
(d) "controlling authority" means an authority appointed by the appropriate Government under section 3 ;
(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
Explanation : [5] [***]
(f) "employer" means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop -
Thirdly - Every MP/MLA, if otherwise eligible they should have "Continuous Service" of 5 yrs.
[
[2] [(c) "continuous service" means continuous service as defined in section 2A;] For the purposes of this Act, -
"(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act."
- Under Indian Constitution NO MP or MLA can have 5 yrs. minimum service, as the House will get expired before 5 yrs. term under normal circumstances.
And so on.
Did U go thro the Gratuity Bare Act before the interview ?? You should have refreshed what you read beforehand, some presence of mind should have been ignited to answer such general questions, otherwise U should have answered simply "MPs & MLAs are not eligible for gratuity under the Gratuity Act. That's all.
Better luck next time pal.
kumar.s.
From India, Bangalore
First of all -MPs & MLAs are not covered under the Payment of Gratuity Act. That's it. See the Eligibility conditions:
" (3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.] "
In this where is Parliament & Legislature (they work there only ???)
Secondly - There is no "Employer - Employee" relationship (who is the Boss and who are the employee/workermen ??
(d) "controlling authority" means an authority appointed by the appropriate Government under section 3 ;
(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity].
Explanation : [5] [***]
(f) "employer" means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop -
Thirdly - Every MP/MLA, if otherwise eligible they should have "Continuous Service" of 5 yrs.
[
[2] [(c) "continuous service" means continuous service as defined in section 2A;] For the purposes of this Act, -
"(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act."
- Under Indian Constitution NO MP or MLA can have 5 yrs. minimum service, as the House will get expired before 5 yrs. term under normal circumstances.
And so on.
Did U go thro the Gratuity Bare Act before the interview ?? You should have refreshed what you read beforehand, some presence of mind should have been ignited to answer such general questions, otherwise U should have answered simply "MPs & MLAs are not eligible for gratuity under the Gratuity Act. That's all.
Better luck next time pal.
kumar.s.
From India, Bangalore
Dear All,
Sometimes you don't know what questions these interviewers will ask? They are sometimes funny and strange? Off course, the question is logical and every HR professional (at least) should know the answer.
Madhu has given the right answer.
Regards,
Vinod Bidwaik
From India, Pune
Sometimes you don't know what questions these interviewers will ask? They are sometimes funny and strange? Off course, the question is logical and every HR professional (at least) should know the answer.
Madhu has given the right answer.
Regards,
Vinod Bidwaik
From India, Pune
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