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?
CA R SEETHARAMAN
(Expert)
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
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