I am working with software company for 5 years and 5 months during my tender total number of the employee we had in the company was 9 full time and 1 part time accountant she is working for more than 3 years she is the direct part time employee of this company will I am eligible for gratuity
From India, Thiruvananthapuram
From India, Thiruvananthapuram
You will be eligible to gratuity provided your establishment is covered by Payment of Gratuity Act. Your establishment not being a factory, mine or oil field but a commercial establishment will be covered by the Act provided your establishment has at least 10 employees. Since you have 10 employees working, your establishment is covered and, therefore, you will get gratuity.
Various court judgements show that part time employee should be treated at par with full time employees in respect of all social security benefits. Therefore, status of employees as to full time or part time, monthly paid or daily rated, is immaterial for application of any labour law including Payment of Gratuity Act.
Madhu.T.K
From India, Kannur
4249Various court judgements show that part time employee should be treated at par with full time employees in respect of all social security benefits. Therefore, status of employees as to full time or part time, monthly paid or daily rated, is immaterial for application of any labour law including Payment of Gratuity Act.
Madhu.T.K
From India, Kannur
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf