I am working with a group of establishments in Delhi for the last 11 years. During my service period, they have not issued any appointment letter or any other documentary evidence. But they have been deducting my EPF from my salary since 01.04.2002 onwards.
My questions are:
1. Am I eligible for Gratuity without any documentary evidence available to me?
2. They now want to shift me to a sister concern without any written communication, and are also transferring the PF account. Will this be problematic for me in the future when claiming gratuity considering I have been working for so many years, i.e., 11 years?
Please provide me with genuine advice.
Thanks,
Santosh Manav
From India, New Delhi
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1My questions are:
1. Am I eligible for Gratuity without any documentary evidence available to me?
2. They now want to shift me to a sister concern without any written communication, and are also transferring the PF account. Will this be problematic for me in the future when claiming gratuity considering I have been working for so many years, i.e., 11 years?
Please provide me with genuine advice.
Thanks,
Santosh Manav
From India, New Delhi
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Yes Mr. Santosh, you are eligible for Gratuity but i wanna know from you whether you are getting your salary slips or not.
If No, my question is why you have never asked him for the same. See it’s your right to get the salary and other deduction details along with your ESIC & EPF details and if you have asked them or they didnt provide you, how can you stand with it
Do you know your EPF Number and how much EPF deduction is being made from your salary and has it been submitted to the respective regional EPF office along with Employer share.
Before proceeding of your transfer and agreeing on this, you must obtain the documents and your EPF with other details which can help you in future
Third, there is no problem in transferring your EPF account bcz the amount it has being deposited into your EPF account will remain the same with new organization and your new organization will continue with this account for future EPF deductions…
From India, Gurgaon
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If No, my question is why you have never asked him for the same. See it’s your right to get the salary and other deduction details along with your ESIC & EPF details and if you have asked them or they didnt provide you, how can you stand with it
Do you know your EPF Number and how much EPF deduction is being made from your salary and has it been submitted to the respective regional EPF office along with Employer share.
Before proceeding of your transfer and agreeing on this, you must obtain the documents and your EPF with other details which can help you in future
Third, there is no problem in transferring your EPF account bcz the amount it has being deposited into your EPF account will remain the same with new organization and your new organization will continue with this account for future EPF deductions…
From India, Gurgaon
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It is strange that you had worked in an organization for 11 years and are uncertain about your status. You must talk face to face with management and address all your queries to them. Ask for clarification and document everything. According to me, you are an employee as there is a deduction of PF from your account. If the organization has not provided you with a payslip, then you must request one from your date of joining. Under the Payment of Wages Act, a payslip is your right, and it is the duty of the employer to provide it.
Now, coming directly to your questions:
1. Am I eligible for Gratuity without any documentary evidence available with me?
As an employee, you are entitled to gratuity. The evidence of PF deduction and the payslip will clarify the situation, so make sure to request them. I don't know what HR is doing in your company...
2. Now they want to shift me to a sister concern without any written notice, and they are also transferring the PF account. Is it problematic for me in the future to claim gratuity, considering I have worked for so many years, i.e., 11 years?
It is better to discuss with management about all your clearances and gratuity entitlement. Legally, if you are joining a different company, you must receive gratuity. If your employer states that gratuity will be paid by the sister concern, then it must be documented and agreed upon by both companies. If upon joining, you are given a new employee code, a new date of joining, and all the formalities for new employees, then it signifies that you are considered a new employee for the company.
In case you face any issues, seek advice from a good lawyer. The law protects those who protect themselves. Willful blindness and carelessness are not excuses. It may seem harsh, but you should be more proactive and informed about your rights.
From India, Hyderabad
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Now, coming directly to your questions:
1. Am I eligible for Gratuity without any documentary evidence available with me?
As an employee, you are entitled to gratuity. The evidence of PF deduction and the payslip will clarify the situation, so make sure to request them. I don't know what HR is doing in your company...
2. Now they want to shift me to a sister concern without any written notice, and they are also transferring the PF account. Is it problematic for me in the future to claim gratuity, considering I have worked for so many years, i.e., 11 years?
It is better to discuss with management about all your clearances and gratuity entitlement. Legally, if you are joining a different company, you must receive gratuity. If your employer states that gratuity will be paid by the sister concern, then it must be documented and agreed upon by both companies. If upon joining, you are given a new employee code, a new date of joining, and all the formalities for new employees, then it signifies that you are considered a new employee for the company.
In case you face any issues, seek advice from a good lawyer. The law protects those who protect themselves. Willful blindness and carelessness are not excuses. It may seem harsh, but you should be more proactive and informed about your rights.
From India, Hyderabad
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Death while in service letter for pf death claim.docx