Dear Sir,
I am Kumar,
I have worked in a private limited company 4 years and the company has merged into other Limited company and I have continued my services and my total services in both the companies 8 years 4 months and resigned from the company.
can i know that is i am eligible for gratuity.
Request for clarification and advise.
Regards,
kumar
From India, Hyderabad
1I am Kumar,
I have worked in a private limited company 4 years and the company has merged into other Limited company and I have continued my services and my total services in both the companies 8 years 4 months and resigned from the company.
can i know that is i am eligible for gratuity.
Request for clarification and advise.
Regards,
kumar
From India, Hyderabad
Normally, the merger of one organzation with another does not affect the service rights and conditions of the existing employees of the organization that is merged unless there is a specific clause in the merger agreement that their services after merger would be considered afresh based on provision for payment of terminal benefits for the entire services rendered prior to merger. In the absence of such a specific clause or non-payment of terminal benefits, you are eligible for gratuity for the entire stretch of the service you rendered before and after merger till your resignation.
From India, Salem
From India, Salem
Dear Mr. Umakanthan M What is the minimum limit of service for Gratuity in India, or it may differ from state to state.
From India, Hyderabad
From India, Hyderabad
I may add -
Normally when a merger takes place, a document/agreement of "option" with regard to benefits of past service is obtained from those willing to opt for merged units. Which means past service is carried over without break. Whereas if anybody not willing to work in the merged unit could be settled as per the entitlement or settlement terms. In your case I believe you should have signed such a document, if so there should be relevant clauses in this. Go thru' this document/declaration signed at the time of merger. Since it appears you did not receive any settlement at that time I don't see any problem for payment of terminal benefits like gratuity, PF, leave encashment, bonus. Presumably you might join other co. in which case you should transfer your PF to your new co.
From India, Bangalore
Normally when a merger takes place, a document/agreement of "option" with regard to benefits of past service is obtained from those willing to opt for merged units. Which means past service is carried over without break. Whereas if anybody not willing to work in the merged unit could be settled as per the entitlement or settlement terms. In your case I believe you should have signed such a document, if so there should be relevant clauses in this. Go thru' this document/declaration signed at the time of merger. Since it appears you did not receive any settlement at that time I don't see any problem for payment of terminal benefits like gratuity, PF, leave encashment, bonus. Presumably you might join other co. in which case you should transfer your PF to your new co.
From India, Bangalore
Dear friend,
In India, gratuity in industrial employment is governed by the provisions of the Payment of Gratuity Act,1972 which is a Central Legislation. Rules have been framed by the Central Govt and State Governments for their respective jurisdictions. The minimum length of service prescribed for normal termination of employment like attainment of the age of superannuation, retirement, retrenchment,resignation, dismissal on disciplinary grounds other than riotus behaviour, moral turpitude is completion of continuous service not less than five years. It is the same through out the country. However, termination of employment due to death or disability caused by accident or disease does not require fulfilment of this condition.
Regarding the service under the Central and State Governments including the Defence Services, payment of gratuity is governed by their respective Pension Rules. The minimum qualifying service is 5 years for termination of employment other than dismissal.
From India, Salem
In India, gratuity in industrial employment is governed by the provisions of the Payment of Gratuity Act,1972 which is a Central Legislation. Rules have been framed by the Central Govt and State Governments for their respective jurisdictions. The minimum length of service prescribed for normal termination of employment like attainment of the age of superannuation, retirement, retrenchment,resignation, dismissal on disciplinary grounds other than riotus behaviour, moral turpitude is completion of continuous service not less than five years. It is the same through out the country. However, termination of employment due to death or disability caused by accident or disease does not require fulfilment of this condition.
Regarding the service under the Central and State Governments including the Defence Services, payment of gratuity is governed by their respective Pension Rules. The minimum qualifying service is 5 years for termination of employment other than dismissal.
From India, Salem
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx