Labour law
Pradeep Garg
(Querist) 09 January 2015
This query is : Resolved
Dear Sir,
Please clarify whether any professsional working in the Company as CFO, CA or something else may approach to Labour Commissioner for his claiming gratuity or other grievenses against the Company or it is limited for workers only.
Regards
Pradeep Garg
Kumar Doab
(Expert) 09 January 2015
The Payment of Gratuity Act is an independent legislation.
The corporate understanding on nature of association is not mentioned.
The association may be in writing or in practice and reality.
It is generally believed that 'Other than apprentice anyone who is employed for wages and renders uninterrupted service for 5 years {190/240 days in a year as per Sec:2A} is eligible for gratuity.'
There is no Wage Ceiling and there is no criteria that the person engaged should be a 'Workman'.
Employees, persons on retainer ship, consultants are also eligible for gratuity::::
You may find the judgment relevant and useful at:
http://www.lawyersclubindia.com/forum/Employees-on-retainer-ship-consultants-eligible-for-gratuity-68331.asp#.VK-SUsuUcqM
If he was retained as ‘Consultant/Retainer’ on professional Fees/honorarium, the establishment might attempt denying due to this nomenclature and reason.
The amount paid to him in return for his services might be taken as salary/wages whether it is termed professional Fees/honorarium.
If the consultant is full time and worked LIKE AN EMPLOYEE, he may have his chances.............and may succeed.
Pradeep Garg
(Querist) 09 January 2015
Dear Sir,
The professional is working in the company as an employee.
Kumar Doab
(Expert) 09 January 2015
You have confirmed the relationship is clear Employer-Employee.
If the Payment of Gratuity is Applicable to the establishment throughout the tenure of employment of the employee, and employee has rendered uninterrupted service then employee is eligible for the payment of Gratuity.
Employee can submit FormI under proper acknowledgment.......30 days before date of retirement (even if by notice of resignation)
Employer has to supply the Notice of Determination of Gratuity and payment even if employee has not submitted any application.
The employee can approach Controlling Authority........... that might be DLC-Gratuity in o/o Labor Commissioner.......
The employee may make inquiry from local o/o Labor Commissioner...
