Is claim by a manpower supplier co. for gratuity @ 4.17% against Govt. retired re-employed staff supplied by the co. to a Govt. organisation as per gratuity act admissible?
Er. R Verma (Tech legal Cosultant) 10 February 2011
Is claim by a manpower supplier co. for gratuity @ 4.17% against Govt. retired re-employed staff supplied by the co. to a Govt. organisation as per gratuity act admissible?
Kirti Kar Tripathi (lawyer) 11 February 2011
yes, he is entiled, I have already given reasons for the same in a question appeared in this forum.
Er. R Verma (Tech legal Cosultant) 12 February 2011
Gratuity would be payable only when he completes 5 years of service. this is not the case in r/o payment of bonus. We cannot look 5 years down the time. Under the circumstances, is the manpower supplying co. correct in charging this from the employer? What, if the employee leaves before 5 years. To what account would the gratuity so charged, be credited or would it be refunded?
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