Gratuity Act - Docx Download

said : Dear Sir
As per gratuity act minimum 240 working days are must..so i have quiry if any worker worked for 5 years but betwwen 5 year in one year he was not worked 240 days....company not took any action against him..so wat to do...need to pay gratuity amount.??
9th January 2013 From India, Kolhapur

If he has been on regular rolls of the company and for the loss of pay days in between the five years of service, if no disciplinary action was taken against him, then he will be eligible to get gratuity.
Regards,
Madhu.T.K
9th January 2013 From India, Kannur

Dear Sir , Madhu .T.K One more thing is , there is need to pay 5 yrs gratuity payment or is it valid if we pay 4 yrs Thanking you for yor valuable suggestion. Regards Pravin.K
10th January 2013 From India, Kolhapur

If breaks in service (means shortage of days to complete 240 days) is waived off, naturally the year will become part of continuous service and as such you have to give five years gratuity.
regards,
Madhu.T.K
10th January 2013 From India, Kannur

Hi Madhu ji
I would like to get one clarification from you
Whether the contract labour is eligible for Gratuity after completion of 5 years of service, in case eligible , and if the sub contractor not paying the same ,who is responsible. Kindly clarify
REgards
R Sudahkar
12th January 2013 From India, Bangalore

Workers engaged through a contractor, if completed five years of service, are eligible for gratuity and the primary responsibility of paying the same rests with the contractor. At the same time, if the contractor fails to pay the same, principal employer is liable to pay it and later on recover the amount so paid from the amount payable to the contractor. There are a number of cases available in support of principal employer's responsibility to pay gratuity in case contractor fails to pay it. Attached verdict may help you to understand it better.
Regards,
Madhu.T.K
12th January 2013 From India, Kannur

Attached Files (Download Requires Membership)

Gratuity to contract labour.docx (37.2 KB, 391 views)

Dear Madhu T.K ji I have posted one query regarding Dearness Allowance ..plz guide me for same waitng for your reply Regards Pravin K
8th February 2013 From India, Kolhapur