Gratuity payment for Adjunct faculty
This query is : Resolved
22 May 2021
If an Institute recruits adjunct faculty/teacher on the following terms:
1. Consolidated salary
2. Work days are lesser than usual 5 days a week. it can be 4 days a week or 3 days a week.
3.These faculty /teacher are on 3years' contract. Contract gets renewed just after completion of one contract period.
4. A few faculty/teacher have completed 10 years on the job as adjunct teacher/ faculty.
As they are not working for all working days in a week, they do not fulfill the requirement of 240 days working in a year for gratuity payment.
My query is, are such employees eligible for gratuity payment under Gratuity Act?
1. Consolidated salary
2. Work days are lesser than usual 5 days a week. it can be 4 days a week or 3 days a week.
3.These faculty /teacher are on 3years' contract. Contract gets renewed just after completion of one contract period.
4. A few faculty/teacher have completed 10 years on the job as adjunct teacher/ faculty.
As they are not working for all working days in a week, they do not fulfill the requirement of 240 days working in a year for gratuity payment.
My query is, are such employees eligible for gratuity payment under Gratuity Act?
22 May 2021
Yes, such employees are eligible for gratuity.
See the link for case law.
https://indiankanoon.org/doc/6125551/
https://indiankanoon.org/search/?formInput=%20gratuity%20240%20days%20&pagenum=6
See the link for case law.
https://indiankanoon.org/doc/6125551/
https://indiankanoon.org/search/?formInput=%20gratuity%20240%20days%20&pagenum=6
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Tax Audit Applicability – Newly Formed Partnership Firm with Profit Below 6%/8%
- TDS CREDIT MISMATCHING
- Buy back of shares u/s69
- GST Rate for Catering Services
- Need Professional Opinion - AY 2012-13 Old Demand & AY 2026-27 Refund Adjustment
- Taxability of Partnership firm for FY 2025-26
- Same demand raised for original as well as rectification request return
- Sale of property held jointly with a non resident Indian
- Portuguese Civil Code IT Return
- TODAY INCOME TAX SITE IS NOT WORKING ANY OFFICIAL EXTENSION
- Bank details not Visible on Traces Portal
- Difference between Date of Payment and Date of Deduction?
- Journal entry of busniess expenses
- Cash balance limit and property purchases limit
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
