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Fixed-term employment has become a widely accepted employment method which provides flexibility for both the employer and the employee. However, the issue of fixed-term workers being entitled to gratuity and other benefits traditionally associated with permanent employment still comes up in discussions. Recent clarifications in the law and revisions of labor regulations have consolidated the rights of fixed-term workers assuring them of equal treatment in the matters of gratuity and other benefits. This paper discusses the conditions attached to the fixed-term workers’ right to gratuity, the extent of other benefits, and the factors that need to be considered by both workers and employers when dealing with these provisions. Learn more about employee rights and fair work policies on our Labour Rights page.
Understanding Gratuity for Fixed-Term Employees
As per the amended labor laws in India, fixed-term employees who have completed at least five years of continuous service become entitled to gratuity just like their permanent counterparts. Gratuity is computed on the basis of the last drawn pay and the period of service making it a very safe form of post-employment financial support. The law has been changed to ensure that fixed-term workers are included in the social security scheme thereby allowing them the same benefits as permanent staff in terms of gratus service.
Other Benefits Applicable to Fixed-Term Workers
Fixed-term workers are entitled to statutory benefits like provident fund (PF) contributions, employee state insurance (ESI), and if applicable, maternity benefits. The leave entitlements like earned leave and casual leave will be proportionate to the duration and terms of their contracts. Besides, it is expected of employers to provide fixed-term and permanent workers with equal treatment in all welfare measures including workplace safety, payment of wages on time, and complaint handling.
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Implications for Employers and Employees
Employers have to amend their contracts and payroll systems so that they meet the new rules regarding the payment of gratuity and the provision of benefits to fixed-term staff. Open communication and proper documentation are the practices that will help prevent disputes, as well as trust among the parties involved. The workers must be aware of their rights, and in case of denial of benefits, they should consult a lawyer.
Legal and Practical Challenges
The law states that all benefits must be equal for all workers, but there are still gaps in the implementation of this law due to unawareness or the difficulties in handling the administration. At the same time, labour departments and the courts are gradually supporting fixed-term workers and even pushing for enforcement of the law and compliance.
The payment of gratuity and the provision of comprehensive benefits to fixed-term employees signal a positive change in the recognition of the rights of all workers in India, which in turn, contributes to the creation of a secure workplace and the maintenance of worker’s dignity regardless of the employment type.
