Dear Seniors,
Is gratuaity is eligibile, if an employee has served 5 years of services in more than one group companies, having same/family directors. He has not not served 5 years in a single named company.
Further, if it is mentioned on appointment letter that he can be transferred to any of working place / any of group companies, would eligibilty will make a difference.
Thanks in advance.
From India, Lucknow
Is gratuaity is eligibile, if an employee has served 5 years of services in more than one group companies, having same/family directors. He has not not served 5 years in a single named company.
Further, if it is mentioned on appointment letter that he can be transferred to any of working place / any of group companies, would eligibilty will make a difference.
Thanks in advance.
From India, Lucknow
Dear Dinesh,
If you have taken or given your full & final amount for the service rendered by you at different places of your group of companies without completing five years of continuous service as per section 2A of the PG Act, 1972 then you are not entitled to have gratuity from the group of companies but if you are transferred from one company to another company as per term and condition of service with continuity of service then in that case if you serve different units & complete 5 years of service as per the requirement of the Act then in that case you are entitled to receive gratuity from the employer.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
363If you have taken or given your full & final amount for the service rendered by you at different places of your group of companies without completing five years of continuous service as per section 2A of the PG Act, 1972 then you are not entitled to have gratuity from the group of companies but if you are transferred from one company to another company as per term and condition of service with continuity of service then in that case if you serve different units & complete 5 years of service as per the requirement of the Act then in that case you are entitled to receive gratuity from the employer.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx