Hello Team
Greetings of the day.
This is Raj Kumar, and he belongs to Himachal Pradesh.I have some questions regarding Gratuity.
I joined a company in Delhi named MCI GeTS India in July 2017 and then I worked offline till April 2020.
Then, the COVID period came, and the company wrote an email to some of the employees that we were putting them on pause position for some time and would call them back once the industry opened.
Also another email come in few days from our office end and where they mentioned that if someone wants to do freelancing then he and she can do it..There is no clear-cut indication in an email that you are no longer an employee of the company.
So, after a long time, I resigned from the company in Dec 2023, and now the company is saying that my last day was April 2020 and the covid period will not count as there was no work, no pay, and no pf contribution.
Can you advise me if the COVID period will not considered in the Gratuity calculation?
Pls, advise.
Regards
Raj
From India, Ludhiana
Greetings of the day.
This is Raj Kumar, and he belongs to Himachal Pradesh.I have some questions regarding Gratuity.
I joined a company in Delhi named MCI GeTS India in July 2017 and then I worked offline till April 2020.
Then, the COVID period came, and the company wrote an email to some of the employees that we were putting them on pause position for some time and would call them back once the industry opened.
Also another email come in few days from our office end and where they mentioned that if someone wants to do freelancing then he and she can do it..There is no clear-cut indication in an email that you are no longer an employee of the company.
So, after a long time, I resigned from the company in Dec 2023, and now the company is saying that my last day was April 2020 and the covid period will not count as there was no work, no pay, and no pf contribution.
Can you advise me if the COVID period will not considered in the Gratuity calculation?
Pls, advise.
Regards
Raj
From India, Ludhiana
Hi,
Between Apr,2020 to Dec,2023 what was your employment status ?
Whether you had received fixed monthly salary or assignment based variable salary ?
I presume your Employer might had removed you out of payroll by Apr,2020 itself and considered as Freelancer. But even in that case your Employer should have informed employees about their exit by Apr,2020 itself. Not sure whether you had contributed work to your organisation online on a daily basis or once in a while basis? Whether you marked Attendance on daily basis ? With so many questions it would be tough to prove your continuance with the employer till Dec,2023. To claim Gratuity you should prove 5 years of continuous employment with the Employer (without any break in employment)
From India, Madras
945Between Apr,2020 to Dec,2023 what was your employment status ?
Whether you had received fixed monthly salary or assignment based variable salary ?
I presume your Employer might had removed you out of payroll by Apr,2020 itself and considered as Freelancer. But even in that case your Employer should have informed employees about their exit by Apr,2020 itself. Not sure whether you had contributed work to your organisation online on a daily basis or once in a while basis? Whether you marked Attendance on daily basis ? With so many questions it would be tough to prove your continuance with the employer till Dec,2023. To claim Gratuity you should prove 5 years of continuous employment with the Employer (without any break in employment)
From India, Madras
Hello Sir,
Thanks for getting back.Let me explain you.We received email from company end in July 2020 that we are putting some employees on pause position as there is COVID period and company don't have business.
Company put us No work and no pay option and neither they contribute in PF.
Also company droped a email after fews days and informed us that if someone wants to do freelance work or want to join other organisation then we can help him or her for company exit formalities but company did not mentioned anywhere in the mail that you are no more employees of the company.
Here there was no communication between me and company abouts resignation or termination till dec 2023.Hence I considered that I am still employee the company and did not join anywhere else.
Now company is saying that your last day was April 2020 but company did not mentioned any wherever that you are not employee of the company.
Pls advise
From India, Ludhiana
Thanks for getting back.Let me explain you.We received email from company end in July 2020 that we are putting some employees on pause position as there is COVID period and company don't have business.
Company put us No work and no pay option and neither they contribute in PF.
Also company droped a email after fews days and informed us that if someone wants to do freelance work or want to join other organisation then we can help him or her for company exit formalities but company did not mentioned anywhere in the mail that you are no more employees of the company.
Here there was no communication between me and company abouts resignation or termination till dec 2023.Hence I considered that I am still employee the company and did not join anywhere else.
Now company is saying that your last day was April 2020 but company did not mentioned any wherever that you are not employee of the company.
Pls advise
From India, Ludhiana
From the description given I understand that there was no individual communication of termination of employment post July 2020. There was a general communication saying that the company is terminating some employees. But who all are covered under the term some employees is not known. Moreover, the company has not initiated any retrenchment process as required under the law. Naturally, if the establishment was employing at least 50 persons, they should have informed the appropriate government authorities of their intention to retrench the employees. I think that was not done. BUT the employees, at least you, did not ask when should you come to office and what work should you do then? Nobody asked why salary is not credited. Now how can you say that you were in the company till December 2023? Did you mark your attendance? Di you receive salary? No. Then what is the proof that you were working there?
It is true that the employer had not communicated your termination or did they inform the government of their intention to terminate some employees. But you should have raised a dispute when you did not receive salary in July or August 2020. Therefore, the matter is a question of law and if you take it forward, I feel that you may put yourself in trouble. At the same time, as promised by the employer, if you had put resignation anti dated, they would have helped you to find another job. You did not use that option in July 2020 but remained at home presuming that you are still in service but on loss of pay. Now you have to establish that you remained on leave without pay as per the instructions of the company so that continuity of service could be proved. Do you have any communication from the company that you have to remain off the service for such a long time?
From India, Kannur
It is true that the employer had not communicated your termination or did they inform the government of their intention to terminate some employees. But you should have raised a dispute when you did not receive salary in July or August 2020. Therefore, the matter is a question of law and if you take it forward, I feel that you may put yourself in trouble. At the same time, as promised by the employer, if you had put resignation anti dated, they would have helped you to find another job. You did not use that option in July 2020 but remained at home presuming that you are still in service but on loss of pay. Now you have to establish that you remained on leave without pay as per the instructions of the company so that continuity of service could be proved. Do you have any communication from the company that you have to remain off the service for such a long time?
From India, Kannur
Hi,
This case looks bit perplex.
In the absence of proper communication from the employer, you may challenge the decision of employer stating that neither you had submitted resignation nor officially relieved by the employer and hence period of absence from Apr,2020 to Dec,2023 to be considered as continuity of employment. More over as per your claim your employer temporarily with held the employment which was communicated through email and assurance was given by the employer to call back employees in due course. You may make a request for Gratuity to your Employer. Submit FORM 'I' through RPAD and wait for their response.
From India, Madras
This case looks bit perplex.
In the absence of proper communication from the employer, you may challenge the decision of employer stating that neither you had submitted resignation nor officially relieved by the employer and hence period of absence from Apr,2020 to Dec,2023 to be considered as continuity of employment. More over as per your claim your employer temporarily with held the employment which was communicated through email and assurance was given by the employer to call back employees in due course. You may make a request for Gratuity to your Employer. Submit FORM 'I' through RPAD and wait for their response.
From India, Madras
Hi Madhu,
Yes company contacted me to rejoin the service in Jan 2023 via WhatsApp and calls but they are offering me three years ago salary which was not sufficient and also job responsibilities was increasing.So company denied to pay the increase salary and I also denied to join.
Regards
Raj
From India, Ludhiana
Yes company contacted me to rejoin the service in Jan 2023 via WhatsApp and calls but they are offering me three years ago salary which was not sufficient and also job responsibilities was increasing.So company denied to pay the increase salary and I also denied to join.
Regards
Raj
From India, Ludhiana
That means there was a communication in January 2023 and the company offered a different role with a different salary but you declaimed to accept the offer. Neither the company terminated you nor you resigned. Both the company and you were wrong because the company, even though not terminated you, had given you options to rejoin. Rejoining always happen when you are not in service. You did not question the company saying that why should I rejoin when I am still in service but remaining off without salary? I understand that there should be further communication from you that I need more salary because the role is different or you should have said that you cannot work on a salary of three years' back and the company should have said that they cannot offer more than the amount offered. All these establish that you were aware that you are not on their rolls then. Company also knew that you were not in service but being unemployed offered a new role which they have then, right? Then what is the meaning in asking the company of your gratuity?
From India, Kannur
From India, Kannur
This is true that they asked me to come office.Job responsibilities was little increased and I demand hike on previous salary but company said they are not in position to increase the salary.
Then they said we will approach in future.
From India, Ludhiana
Then they said we will approach in future.
From India, Ludhiana
That means they have treated you as left service. True there was miscommunication between both of you. What about other employees? There should be someone else also in the 'someone' to be put on pause, right? Similarly, what is the status in the PF? Did they exit you from PF in 2020?
From India, Kannur
From India, Kannur
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