Dear Learned Members.
I have one doubt
We are recruiting employees through Man Power Agency to get done our work. Thereafter We and Man Power execute the agreement to provide service to us. Based on the agreement he would raise the Invoice on monthly basis for its employees salary, accordingly we would pay him and we will ask him comply all the statutory compliance, such as ESI, PF, etc...
We will say in the agreement that Man Power employees are not employees of ours at any cost and there is no employee and employer relationship between us and Man Power Agency. Only Man Power would deploy the personnel to our work that’s it, we are Independent Contractor.
The question is that, when Man Power Agency's employees completes 5 years with them, in that case Man Power say he does not pay Gratuity to its employees. But Employees will ask for Gratuity to us.
Whether we are liable to pay Gratuity to them or not?
if yes under what provision?
detailed answer would be appreciated.
