Have worked in a PSU for six years, as Contract employee with intermittent breaks, maximum ever break being less than three months at a stretch. However, inspite of intermittent breaks and fresh joinings subsequent to new job offers, have always worked for more than 240 days for six years, in any one year starting from first date of starting employment. Please guide (1) whether entitled to gratuity (2) pertinent acts and clauses (3) supporting case laws (4) appelate authority in case employer disputes entitlement. Thanks in advance for your help.
From India, Delhi
5From India, Delhi
Dear Sir,
If you work more than 240 days in any year of service ,u can claim for permanency to the contractor. After 240 days ur contractor has terminate ur service and make new appointment after 3 month break .
If you perform same types of work in same department/other dept during six years of service in same establishment, it is sufficient reason to prove that work is perennial in nature.
In short if your so called operation is regular in nature in which some regular/ full time employees can be engaged, you are not supposed to engage contract labour.
Regarding above you can first approch to Goverment labour office for conciliation,if conciliation officer is unable to complete referance with in three month then you can approch to Labour court.
Request to expert pls throw light on above query.
Regards
Sacheein
From India, Mumbai
If you work more than 240 days in any year of service ,u can claim for permanency to the contractor. After 240 days ur contractor has terminate ur service and make new appointment after 3 month break .
If you perform same types of work in same department/other dept during six years of service in same establishment, it is sufficient reason to prove that work is perennial in nature.
In short if your so called operation is regular in nature in which some regular/ full time employees can be engaged, you are not supposed to engage contract labour.
Regarding above you can first approch to Goverment labour office for conciliation,if conciliation officer is unable to complete referance with in three month then you can approch to Labour court.
Request to expert pls throw light on above query.
Regards
Sacheein
From India, Mumbai
Thanks a million, Sacheein ji, for this encouraging reply ! I would also request other experts to please throw more light on above query besides providing me any reference case laws.
From India, Delhi
From India, Delhi
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Mettur Beardsell Ltd Vs RLC (Cent) & otrs 1998 LLR 1072 about Gratuity Entitlement.pdf
Gratuity Form I.doc