Dear Sir,
I joined X Company on 06-09-2009 and resigned (not voluntarily) to join the Parent Company on 01-07-2012. I left the parent company on 14-03-2016. The earlier company was a group company; hence, the above decisions were made as per management's direction.
In my X (Group) Company offer letter, it clearly states that I have been posted at the parent company's location. In my Y (Group Parent Company) documentation, it is mentioned that since I was hired from the group company, the date of joining would be confirmed.
I would like to inquire about my eligibility for gratuity for the period from 06-09-2009 to 30-06-2012. If yes, please share the relevant section or reference.
Thank you.
From India, Mumbai
Acknowledge(0)
Amend(0)
I joined X Company on 06-09-2009 and resigned (not voluntarily) to join the Parent Company on 01-07-2012. I left the parent company on 14-03-2016. The earlier company was a group company; hence, the above decisions were made as per management's direction.
In my X (Group) Company offer letter, it clearly states that I have been posted at the parent company's location. In my Y (Group Parent Company) documentation, it is mentioned that since I was hired from the group company, the date of joining would be confirmed.
I would like to inquire about my eligibility for gratuity for the period from 06-09-2009 to 30-06-2012. If yes, please share the relevant section or reference.
Thank you.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear friend, If your narration is factually correct, you are eligible for gratuity for the period from 06-09-2009 to 14-03-2016.
From India, Salem
Acknowledge(0)Amend(0)
6108From India, Salem
Acknowledge(0)Amend(0)
One important correction to my previous reply due to my excess of enthusiasm caused by the usage of the term "group company" in the original post. In fact, there is no such term in legal sense referred to as "group company" in any of the laws relating to the constitution of legal entities. Rather, it has gained currency in its colloquial usage while referring to more than one business entity owned by the same individuals or business houses with flexibility of informal transactions among the units when situations demand.
Coming to the post again, the poster's services at X came to an end on his resignation whether it is voluntary or otherwise within a period of three years. Though the actual purpose of resignation seems to be joining Y in the same group, legally it is a voluntary shift of employment from one employer to another. One of the basic parameters for gratuity under the Payment of Gratuity Act, 1972 is completion of a certain number of years of continuous service under the same employer. If the services of the employee are transferred between the employers under an agreement, it is different. Here in this case, the resignation effective from 30-06-2012 puts an end to the services under X.
Confirmation of the services of an employee and its effective date whether actual or notional do not have any bearing on the right to gratuity. From the above perspective, the poster's claim for gratuity for the services rendered under X from 06-09-2009 to 30-06-2012 may not be maintainable.
From India, Salem
Acknowledge(0)Amend(0)
Coming to the post again, the poster's services at X came to an end on his resignation whether it is voluntary or otherwise within a period of three years. Though the actual purpose of resignation seems to be joining Y in the same group, legally it is a voluntary shift of employment from one employer to another. One of the basic parameters for gratuity under the Payment of Gratuity Act, 1972 is completion of a certain number of years of continuous service under the same employer. If the services of the employee are transferred between the employers under an agreement, it is different. Here in this case, the resignation effective from 30-06-2012 puts an end to the services under X.
Confirmation of the services of an employee and its effective date whether actual or notional do not have any bearing on the right to gratuity. From the above perspective, the poster's claim for gratuity for the services rendered under X from 06-09-2009 to 30-06-2012 may not be maintainable.
From India, Salem
Acknowledge(0)Amend(0)
There is one litmus test to determine when gratuity should start in the event of a transfer or relocation from one company to an associate company. This depends on the terms of the transfer. Some "transfers" are considered new appointments, and the employee is then deemed to have left the service of the former company. Therefore, it is essential to carefully review the terms before transitioning to another associate company.
From Singapore, Singapore
Acknowledge(0)Amend(0)
From Singapore, Singapore
Acknowledge(0)Amend(0)
If the continuity of the service remains, you are entitled to gratuity for the entire period (2006-2016).
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Dear Sirs, Views of the experts are differing on the above matter therefore if I want to claim it, How can I proceed? pl guide. Or else, It is highly appreciate if anybody can share recent case law.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
If you want to claim gratuity, you have to first apply before the company in FORM I. If the company fails to pay within a month from the receipt of such application, then you have to apply in FORM N before the controlling authority under the Payment of Gratuity Act.
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)
Check my blog at www.labourlawhub.com
From India, Kolkata
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.