I am working for 6+ year in a IT company. The employer swap me to another company. Both company has different name and process but the management is same person. Shall I ask them proper reliving document with Gratuity amount?
Dear Colleague,
An empl0yee may be - deputed/ transferred to another company of the same group without affecting the salary and terms of employment which is legally allowed practice. Kindly check whether the other company is also owned by the same employer or not. Whether any impact on your terms of employment. Whether there is any impact on your Pay and Benefits? Whether there is any change in the working conditions and so on. Any such movements needs to be done by issuing a formal letter of deputation or transfer which should have been shared to you manually or digitally. If it is not done please ask for a letter. Once you receive the letter you will understand what type of movement it is. If it is a different company , then you ask for F&F including gratuity and ensure that new date of joining is obtained with fresh order of appointment etc. If it is not done later on you may find it difficult for getting the PF/ Gratuity and other benefits.
From India, Chennai
309An empl0yee may be - deputed/ transferred to another company of the same group without affecting the salary and terms of employment which is legally allowed practice. Kindly check whether the other company is also owned by the same employer or not. Whether any impact on your terms of employment. Whether there is any impact on your Pay and Benefits? Whether there is any change in the working conditions and so on. Any such movements needs to be done by issuing a formal letter of deputation or transfer which should have been shared to you manually or digitally. If it is not done please ask for a letter. Once you receive the letter you will understand what type of movement it is. If it is a different company , then you ask for F&F including gratuity and ensure that new date of joining is obtained with fresh order of appointment etc. If it is not done later on you may find it difficult for getting the PF/ Gratuity and other benefits.
From India, Chennai
The approach of different companies in this case is different.
In some cases, they agree to continue the employment as if there was no transfer or there is no break in employment. In that case you need not ask for a F&F as you will continue to get the benefit under Gratuity Act in the new company. For that, you must get the point clarified in writing from the management, specifically it should be specified in the new appointment letter you get from the company you move to.
If the company is not willing to give you continuity, then you should ask for full and final settlement before moving to the new company.
From India, Mumbai
In some cases, they agree to continue the employment as if there was no transfer or there is no break in employment. In that case you need not ask for a F&F as you will continue to get the benefit under Gratuity Act in the new company. For that, you must get the point clarified in writing from the management, specifically it should be specified in the new appointment letter you get from the company you move to.
If the company is not willing to give you continuity, then you should ask for full and final settlement before moving to the new company.
From India, Mumbai
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