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Contract labour gratuity

(Querist) 13 April 2013 This query is : Resolved 
Dear Sir,

I request you to clarify the query as mentioned below.

Are contract Workmen are eligible for graturity for their recoknable service after their death. Can it be considered as per payment of gratuity act.

If the contract labour went on sick and they have died in this case they are eligible for Gratuity.

Please clarify.
B K Raghavendra Rao (Expert) 13 April 2013
Contract employees, if employed on wages i.e. monthly wages are eligible for payment of Gratuity. Any workman engaged for work on temporary basis according to the availability of work is not an employee. Therefore if contract workmen are engaged on wages for a continuous period of five years or more, then only they become eligible for payment of gratuity.
R.K Nanda (Expert) 13 April 2013
agree with expert.
Raj Kumar Makkad (Expert) 16 April 2013
Every workman/employee is a contractual employee. If he fulfills the condition, he is eligible for the grant of the gratuity irrespective of his status.
JAGADEESH (Querist) 22 April 2013
Sir, Required clarification about in the case of death of contract workmen the remaining (recoknable) service required to consider or not under payment of gratuity act.


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