Dear All,
could u plz help me out for following question:
If company is under lock out for 4 years & After that another group of company has taken over to this company then how to calculate the gratuity of the employee? Is it calculate the last four years also?
kindly let me know your feedback asp.
THANKS
BALA
From India, Mumbai
5could u plz help me out for following question:
If company is under lock out for 4 years & After that another group of company has taken over to this company then how to calculate the gratuity of the employee? Is it calculate the last four years also?
kindly let me know your feedback asp.
THANKS
BALA
From India, Mumbai
if the new company is taking over the old company's employees and with continued service then they have to bear that gratuity liability for 4 years else it will not take old employees and then it becomes the liability of the old company to pay gratuity to its employees.
Rashmi
From India, Delhi
Rashmi
From India, Delhi
Thnx Rashmiji for ur kind information & agree with. But the old company was in Lock out & on body had attended the duty in the course of the Lock out my question is that period will be rendered as continue service for calculation of Gratuity? If yes then they will liable another due such as paid leave, Medical etc.
plz let me have your advice asp
Thnx
Bala
From India, Mumbai
plz let me have your advice asp
Thnx
Bala
From India, Mumbai
Dear Bala,
In a situation of no work due to non-functioning of the establishment, the normal rule is "no work - no pay" that too as a measure of settlement of any dispute between the employer and workman. But in any extraordinary situation like "strike" or "lock-out", the question of wages for the said period of no work depends upon the legality and justifiability of the strike or lock-out. Sec.24 of the Industrial Disputes Act,1947 defines a strike or lock-out to be illegal if they are declared or commenced in contravention of Sec.22 or 23 of the Act. Similarly, a Lock-out in contravention of Sec.23 would not be illegal if it is declared consequent of an illegal strike. In the absence of vital informations such as the origin of the dispute culminating in such a long lock-out, the decision of the adjudicating authority, if any in the event of the dispute referred for adjudication, the circumstances leading to the take-over of the defunct establishment by the other company and its terms etc., it is not possible to give a concrete answer to your query in view of the provisions of continuous service defined u/s 2A of the Payment of Gratuity Act,1972.
From India, Salem
In a situation of no work due to non-functioning of the establishment, the normal rule is "no work - no pay" that too as a measure of settlement of any dispute between the employer and workman. But in any extraordinary situation like "strike" or "lock-out", the question of wages for the said period of no work depends upon the legality and justifiability of the strike or lock-out. Sec.24 of the Industrial Disputes Act,1947 defines a strike or lock-out to be illegal if they are declared or commenced in contravention of Sec.22 or 23 of the Act. Similarly, a Lock-out in contravention of Sec.23 would not be illegal if it is declared consequent of an illegal strike. In the absence of vital informations such as the origin of the dispute culminating in such a long lock-out, the decision of the adjudicating authority, if any in the event of the dispute referred for adjudication, the circumstances leading to the take-over of the defunct establishment by the other company and its terms etc., it is not possible to give a concrete answer to your query in view of the provisions of continuous service defined u/s 2A of the Payment of Gratuity Act,1972.
From India, Salem
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