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I know that the Gratuity applicable to the contractual worker as well. But right now I am facing one query from auditors that,
1) we are paying the gratuity amount to the Contracts in monthly CTC & we made the necessary changes in Contract copy.
2) The auditors raised query that why you are paying the gratuity before completion of service period mention in act.
3) If we are not paid on monthly basis then how it is done & how the compliance followed pertaining to act.
Kindly give your valuable suggestions. Thanks in advance.


It is true that persons employed for fixed term are also to be paid gratuity but only when their term extends beyond 5 years. Therefore, the arrangement of paying gratuity component in cash every month is a wrong practice and if at the end of five years the employee demands his gratuity you will have to pay it then. The auditors are right. You may change the arrangement.
From India, Kannur
Gratuity can be part of CTC.But Payment of Gratuity only after Relieving from Service & after completion of Minimum 5 Years of Service
From India, New Delhi
nathrao
3131

Paying gratuity component reflected in CTC on monthly basis defies logic.
Suppose contract labour leaves in 2 years.he would get that much amount of gratuity. for the 2 years he worked without being entitled for gratuity.
Wrong practise by management w/o understanding basic concept.

From India, Pune
KK!HR
1534

There is no laid down provision in Payment of gratuity Act or in Contract Labour Act fastening the liability of gratuity on the principal employer. But certain PEs have been paying gratuity component in the regular payment to the contractor, esp. where the contract labour are fixed and they perform nearly regular nature of work and the arrangement is continuing on rather long term basis.
From India, Mumbai
How contract labour engaged on regular work? I think u renewed the contract every year with same workforce. Contract labour engaged only in Temp. Nature of work. Hi
From India, Valsad
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