Dear HR's,
Im workng in Software(Web & app. development) Company frm Jun 2011 to till date which is located in Vellore Dist, Tamil Nadu-INDIA. Ofcourse, i hav compltd 4.7yrs here. But till 6mnths back our ofice strength was around 8-10 and now it has got increased to 22-25members. Our company had becam Pvt. Ltd, 8mnths in Jun 2014 only.
My company is in the process of registering for PF and ESI now, as we din't hav any deductions in our salary till now due to non-eligibility.
If i get relieved from the company hereon, can i be eligible for Gratuity amount?
If Yes, Pls suggest me on this... How to request/apply and other procedures
From India, Hyderabad
Im workng in Software(Web & app. development) Company frm Jun 2011 to till date which is located in Vellore Dist, Tamil Nadu-INDIA. Ofcourse, i hav compltd 4.7yrs here. But till 6mnths back our ofice strength was around 8-10 and now it has got increased to 22-25members. Our company had becam Pvt. Ltd, 8mnths in Jun 2014 only.
My company is in the process of registering for PF and ESI now, as we din't hav any deductions in our salary till now due to non-eligibility.
If i get relieved from the company hereon, can i be eligible for Gratuity amount?
If Yes, Pls suggest me on this... How to request/apply and other procedures
From India, Hyderabad
Yes. You are eligible to get gratuity. It is no way related with epf or esic registration. Once your company's employees strength is increased more than 10, every one in the company who completes 5 years of service is eligible for gratuity.
You have to fill up form 1 (APPLICATION FOR GRATUITY BY AN EMPLOYEE) and have to submit to your HR at the time of retirement / resignation. They will pay it to you in one month.
You will get the amount which equals to current basic / 26 x 15 x no of years completed.
From India, Chennai
148You have to fill up form 1 (APPLICATION FOR GRATUITY BY AN EMPLOYEE) and have to submit to your HR at the time of retirement / resignation. They will pay it to you in one month.
You will get the amount which equals to current basic / 26 x 15 x no of years completed.
From India, Chennai
You worked since 2014 for a proprietorship company.
For 8 months you are working in a private company.
So it depends on how you left and joined the current organisation. Did you get fresh appointment letters ? Did you resigns and join, or was it just you get new salary from new company from certain month ?
It will finally depend on how the pvt ltd come was formed ....
From India, Mumbai
For 8 months you are working in a private company.
So it depends on how you left and joined the current organisation. Did you get fresh appointment letters ? Did you resigns and join, or was it just you get new salary from new company from certain month ?
It will finally depend on how the pvt ltd come was formed ....
From India, Mumbai
@Saswata Banerjee
No i didnt reisgn/relieve frm tat company. From Jun 2011 onwards im workng in same company and the salary was given without any signatures in the voucher nor as the cheque. they provided the slry simply as a cash pymnt till Oct 2012 and then frm Nov 2012 to till date it is transferd to the employee's bank a/c thru netbanking. The same organization became a pvt. .ltd. company in Jun 2014.
From India, Hyderabad
No i didnt reisgn/relieve frm tat company. From Jun 2011 onwards im workng in same company and the salary was given without any signatures in the voucher nor as the cheque. they provided the slry simply as a cash pymnt till Oct 2012 and then frm Nov 2012 to till date it is transferd to the employee's bank a/c thru netbanking. The same organization became a pvt. .ltd. company in Jun 2014.
From India, Hyderabad
It seems to be a doubtful case. The payments made on cash vouchers, whether the name and other particulars were borne in the muster rolls of the firm is again suspicious. Moreover, the firm and company both have their own identities and can not be treated as single establishment. It depends on the documentary evidences.
P K Sharma
From India, Delhi
P K Sharma
From India, Delhi
the final answer is also decided by whether the company was formed independently or by acquiring the proprietorship business. You need to have a look at the MOA. If the first object clause is to take over the business of the old proprietorship then you automatically qualify for graduate as the business has not changed.
If not, then you can always present evidence before the commissioner that you're were working for the same for The same firm and that conversion to a private limited company is a sham and needs to be pierced. However, that is a long drawn exercise that would involve lawyers and your access to previous payroll data.
So you need to evaluate whether it is worth the effort is. And further whether you will risk your future career by initiating a complaint against your current employer. Remember that many of the companies require a background check and definitely your company will give very negative feedback against you. If this was your last job, At retirement age, then at least you don't have two worry about your future employment.
From India, Mumbai
If not, then you can always present evidence before the commissioner that you're were working for the same for The same firm and that conversion to a private limited company is a sham and needs to be pierced. However, that is a long drawn exercise that would involve lawyers and your access to previous payroll data.
So you need to evaluate whether it is worth the effort is. And further whether you will risk your future career by initiating a complaint against your current employer. Remember that many of the companies require a background check and definitely your company will give very negative feedback against you. If this was your last job, At retirement age, then at least you don't have two worry about your future employment.
From India, Mumbai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc