My query is: We have an employee who was appointed on a part-time basis, i.e., he used to come regularly for half a day, every day, for more than one year or so. Later on, his employment was made full-time. Now the employee has resigned. So if we have to pay him gratuity, are we to consider his part-time employment for the purpose of calculating the number of years, or should we consider completion of 5 years from the date when his job was made full-time with us.

Kindly advise. Request an immediate response.

Madhu Menon

From India, Mumbai

1. For what purpose you hired Part time employee ? 2. Why you not hired him through contractor? 3. What is your current Provision to deduct PF & ESI for part time employees?
From India, Pune

nathrao
3180

"he used to come regularly for half a day, ever day, for more than one year or so" He will be entitled for gratuity as long as he complete 5 years continuous service.
From India, Pune

Dear Sir,

As per the sentence mentioned at the top, the person who has completed five years is eligible for gratuity as per the act.

Regards,
Sathyanarayanan T S
HR
NI Consulting Services Private Limited
81, Peters Road
Chennai-600014.

From India, Chennai

Thank you all for your valuable replies. Madhu Menon
From India, Mumbai

It is not a matter of whether he worked part-time or full-time. If there is no break in his service period and you are deducting his PF/ESI, then you are supposed to calculate his gratuity from the date of joining the work.
From India, Delhi

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