I know that the gratuity is applicable to the contractual worker as well. But right now, I am facing one query from auditors:
1) We are paying the gratuity amount to the contractors in the monthly CTC, and we have made the necessary changes in the contract copy.
2) The auditors raised a query as to why we are paying the gratuity before the completion of the service period mentioned in the act.
3) If we are not paid on a monthly basis, then how should it be done, and how is compliance followed pertaining to the act.
Kindly provide your valuable suggestions. Thanks in advance.
1) We are paying the gratuity amount to the contractors in the monthly CTC, and we have made the necessary changes in the contract copy.
2) The auditors raised a query as to why we are paying the gratuity before the completion of the service period mentioned in the act.
3) If we are not paid on a monthly basis, then how should it be done, and how is compliance followed pertaining to the act.
Kindly provide your valuable suggestions. Thanks in advance.
It is true that persons employed for a fixed term are also entitled to be paid gratuity, but only when their term extends beyond 5 years. Therefore, the practice of paying the gratuity component in cash every month is incorrect. If, at the end of five years, the employee demands their gratuity, you will have to pay it at that time. The auditors are correct. You may need to change the current arrangement.
From India, Kannur
From India, Kannur
Gratuity can be part of CTC.But Payment of Gratuity only after Relieving from Service & after completion of Minimum 5 Years of Service
From India, New Delhi
From India, New Delhi
Paying gratuity component reflected in CTC on a monthly basis defies logic. Suppose a contract laborer leaves in 2 years, he would receive that much amount of gratuity for the 2 years he worked without being entitled to gratuity. Wrong practice by management without understanding the basic concept.
From India, Pune
From India, Pune
There is no laid down provision in the Payment of Gratuity Act or in the Contract Labour Act fastening the liability of gratuity on the principal employer. However, certain principal employers have been paying the gratuity component in the regular payments to the contractor, especially where the contract laborers are fixed, perform work of a nearly regular nature, and the arrangement is continuing on a rather long-term basis.
From India, Mumbai
From India, Mumbai
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