Dear Friends,
I worked with a Building Materials company in Delhi for 8 years. It is a group operating through a holding (parent) company in Ghaziabad and having its subsidiary in Haryana. I was appointed in 2005 in the subsidiary company and worked with it for 43 months. Thereafter I was told that they are promoting me and shifting me to the Parent Company payroll. I was reporting to one of the Directors of Subsidiary Company. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company. I inquired about the gratuity and was assured that company will take care of the same. Thereafter, I resigned and was appointed in the Parent company with immediate effect without any break in service. The PF account was also opened fresh. After serving the Parent company for 54 months, I developed some serious issues with my new boss and resigned from my services. I was informed that given my contribution to the company and the record that I have, co
From India, Delhi
1I worked with a Building Materials company in Delhi for 8 years. It is a group operating through a holding (parent) company in Ghaziabad and having its subsidiary in Haryana. I was appointed in 2005 in the subsidiary company and worked with it for 43 months. Thereafter I was told that they are promoting me and shifting me to the Parent Company payroll. I was reporting to one of the Directors of Subsidiary Company. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company. I inquired about the gratuity and was assured that company will take care of the same. Thereafter, I resigned and was appointed in the Parent company with immediate effect without any break in service. The PF account was also opened fresh. After serving the Parent company for 54 months, I developed some serious issues with my new boss and resigned from my services. I was informed that given my contribution to the company and the record that I have, co
From India, Delhi
Dear Harsh ji, It seems you could not post your query completely. You can very well claim your gratuity. Gratuity is due to you. I expect other members to contribute on how it should be claimed.
From India, Mumbai
From India, Mumbai
Dear Mr. Josephpatrao ji,
On behalf of all of our members, I have a request; don't make this forum a platform for yr Firm's business advertising. Help the members to resolve their problems.
Dear Keshavji & Harshji ,
Since Mr. Harsh was made to resign and opt for even new Epf number before completion of eligible period of service for gratuity, I feel, he will not be legally eligible - the management seems to be fooling their employees thru oral assurances. It is not a question of transfer of employees within the Group Companies.
Anyway best of luck if he could convince the CA under PG Act and get gratuity.
From India, Mumbai
On behalf of all of our members, I have a request; don't make this forum a platform for yr Firm's business advertising. Help the members to resolve their problems.
Dear Keshavji & Harshji ,
Since Mr. Harsh was made to resign and opt for even new Epf number before completion of eligible period of service for gratuity, I feel, he will not be legally eligible - the management seems to be fooling their employees thru oral assurances. It is not a question of transfer of employees within the Group Companies.
Anyway best of luck if he could convince the CA under PG Act and get gratuity.
From India, Mumbai
Dear Josephpatrao ji, It will be appreciated you if you share your experience and knowledge with this forum and thereby make your advertisement. I support Premkumar ji.
From India, Mumbai
From India, Mumbai
First of all they have played it quite well in a clever manner. Your answer is in your query itself.
1. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company
You broke your service , here only, So from employer's point of view, he is nt liable to pay u gratuity.
2. I inquired about the gratuity and was assured that company will take care of the same
another blunder, You were assured that your gratuity A/C is open...What does this assurance means to you??? have you filled your F form? have you ever enquired about the gratuity a/c? Do you have your copy of receipt? form F copy of yours??? how can you be assured??? So here also your stand is quite weak.
3. Now , please check whether you have those gratuity papers, form F ...etc...If so then file a case to the Inspectorate of Factories, about gratuity claim.
He will send notice to emplyer. then if employer can prove they are nt liable to pay, then it ends there, but if they coudnt , then they will have to pay the gratuity . mainly the collector will do the valuation then...But first and foremost write a letter addressing to CIF.
From India, Calcutta
1. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company
You broke your service , here only, So from employer's point of view, he is nt liable to pay u gratuity.
2. I inquired about the gratuity and was assured that company will take care of the same
another blunder, You were assured that your gratuity A/C is open...What does this assurance means to you??? have you filled your F form? have you ever enquired about the gratuity a/c? Do you have your copy of receipt? form F copy of yours??? how can you be assured??? So here also your stand is quite weak.
3. Now , please check whether you have those gratuity papers, form F ...etc...If so then file a case to the Inspectorate of Factories, about gratuity claim.
He will send notice to emplyer. then if employer can prove they are nt liable to pay, then it ends there, but if they coudnt , then they will have to pay the gratuity . mainly the collector will do the valuation then...But first and foremost write a letter addressing to CIF.
From India, Calcutta
Dear Premkumar ji,
I once again read the posting by Harsh ji very carefully and stand to what I said earlier. To my understandings there is no break in the services of Harsh with two group companies under the same management. He was made to resign from one company and join another one in one of the group companies under same management that too with out break. In my veiw, it is immaterial whether the management agrees for continuity or not and also opening of new PF account.
Other members are requested to express their views.
From India, Mumbai
I once again read the posting by Harsh ji very carefully and stand to what I said earlier. To my understandings there is no break in the services of Harsh with two group companies under the same management. He was made to resign from one company and join another one in one of the group companies under same management that too with out break. In my veiw, it is immaterial whether the management agrees for continuity or not and also opening of new PF account.
Other members are requested to express their views.
From India, Mumbai
Dear Friends,
my query was incomplete due to some technical error of site i guess. Please find below my complete query:
Dear Friends,
I worked with a Building Materials company in Delhi for 8 years. It is a group operating through a holding (parent) company in Ghaziabad and having its subsidiary in Haryana. I was appointed in 2005 in the subsidiary company and worked with it for 43 months. Thereafter I was told that they are promoting me and shifting me to the Parent Company payroll. I was reporting to one of the Directors of Subsidiary Company. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company. I inquired about the gratuity and was assured that company will take care of the same. Thereafter, I resigned and was appointed in the Parent company with immediate effect without any break in service. The PF account was also opened fresh. After serving the Parent company for 54 months, I developed some serious issues with my new
From India, Delhi
my query was incomplete due to some technical error of site i guess. Please find below my complete query:
Dear Friends,
I worked with a Building Materials company in Delhi for 8 years. It is a group operating through a holding (parent) company in Ghaziabad and having its subsidiary in Haryana. I was appointed in 2005 in the subsidiary company and worked with it for 43 months. Thereafter I was told that they are promoting me and shifting me to the Parent Company payroll. I was reporting to one of the Directors of Subsidiary Company. Thereafter I was told to resign from the subsidiary company and take a fresh appointment in the Parent company. I inquired about the gratuity and was assured that company will take care of the same. Thereafter, I resigned and was appointed in the Parent company with immediate effect without any break in service. The PF account was also opened fresh. After serving the Parent company for 54 months, I developed some serious issues with my new
From India, Delhi
Dear Harsh,
It is very unfortunate that you have been making a joke of CiteHR wasting members' valuable time,You have posted first mail on 27th April, 2013 and members started breaking their heads in solving your problem but you never seems to be serious in competing your query,which you claimed to be a technical error of site. It was only yesterday that you again repeated your query but that too incomplete.Why it happens with you only.I agree that some of the members post their queries giving incomplete information but not incomplete mail like yours.My advise would be that please 'Do Not waste members' time, if your are not serious'. Solve your problem with the management siting across the table.Don't bother members.
I would request members to express their views on my mail.
BS Kalsi
Member since Aug 2011
From India, Mumbai
It is very unfortunate that you have been making a joke of CiteHR wasting members' valuable time,You have posted first mail on 27th April, 2013 and members started breaking their heads in solving your problem but you never seems to be serious in competing your query,which you claimed to be a technical error of site. It was only yesterday that you again repeated your query but that too incomplete.Why it happens with you only.I agree that some of the members post their queries giving incomplete information but not incomplete mail like yours.My advise would be that please 'Do Not waste members' time, if your are not serious'. Solve your problem with the management siting across the table.Don't bother members.
I would request members to express their views on my mail.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc