Dear Sir, If the vendor changes and the worker remains the same and he has completed five years, will we give him gratuity or not? as a principal employer.

Pls suggest me.

Amod Kumar Singh
Manager - Hr

From India, Vadodara
Hi,

Yes they are eligible for Gratuity.

They are certainly covered under Act since they work for the Principal Employer though under or through a contractor. Such workers are not engaged to do the own work/job of a contractor. What is important is for whom the work is done and not by whom they have been hired. As the services are availed by the the Principal Employer they should be eligible for Gratuity.

Mr.Madhu / Umakanthan Sir can throw more light on this.

From India, Madras
rkn61
625

If the person concerned worked in the same company and worked for 5 years (continuous service)
he is eligible to receive payment of gratuity.

Please also click the following link, where our senior members have commented to a case, similar to yours.

https://www.citehr.com/640857-regard...important.html

Thanks.

From India, Aizawl
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