Dear All,
Need your help and guidance. I was employed with one of my previous company from Dec 2004 till Apr 2014. During Feb 2008, they decided to sell their one of the division. I was part of that global takeover but I never moved to new company office. Was sitting with the same old team at the same work station. The company who took over that business wanted me to move to Mumbai which I said no and within next two months I moved to another division of my old company and was their till 2012.
I was not aware about the gratuity thing till the time I encashed my PF from that old company. Now when I am going to my old company that I was there from 2004 till 2012, they saying that the service got break during those two months Feb 2008 & Apr 2008 when new company take over.
Would it be considered as break in service? I was never moved physically to any other building. My salary was getting credited to same account. I was working on the same work station. The only thing is that when I resigned, I got a letter from new company stating that I was working with Company A and that was being taken over by another.
Please help and if there is any such case which can be referred, let me know.
Also if there is any legal person who can help, please let me now.
From India, Bengaluru
Need your help and guidance. I was employed with one of my previous company from Dec 2004 till Apr 2014. During Feb 2008, they decided to sell their one of the division. I was part of that global takeover but I never moved to new company office. Was sitting with the same old team at the same work station. The company who took over that business wanted me to move to Mumbai which I said no and within next two months I moved to another division of my old company and was their till 2012.
I was not aware about the gratuity thing till the time I encashed my PF from that old company. Now when I am going to my old company that I was there from 2004 till 2012, they saying that the service got break during those two months Feb 2008 & Apr 2008 when new company take over.
Would it be considered as break in service? I was never moved physically to any other building. My salary was getting credited to same account. I was working on the same work station. The only thing is that when I resigned, I got a letter from new company stating that I was working with Company A and that was being taken over by another.
Please help and if there is any such case which can be referred, let me know.
Also if there is any legal person who can help, please let me now.
From India, Bengaluru
There are few questions you need to answer before you are advised appropriately;
1. Were you issued any letter by the company that you are being absorbed the new entity, if yes, can you share that with us?
2. When you continued in the old company, were you issued any letter/mail by your old company?
3. Who allowed you to continue, is their any thing in writing to this effect?
4. Have they given you any letter saying because of break in service you are not eligible for Gratuity?
Physical movement has nothing to do with this if you got the documents and gave your acknowledgement. Please share all the documents.
From India, Thane
2231. Were you issued any letter by the company that you are being absorbed the new entity, if yes, can you share that with us?
2. When you continued in the old company, were you issued any letter/mail by your old company?
3. Who allowed you to continue, is their any thing in writing to this effect?
4. Have they given you any letter saying because of break in service you are not eligible for Gratuity?
Physical movement has nothing to do with this if you got the documents and gave your acknowledgement. Please share all the documents.
From India, Thane
Dear Bharat Sir.. Thanks for you revert. Please see below my answers -
1. It was a Global take over of Banking Business by Another big Bank and we all got that letters long back in 2008. Will check if I still have that letter with me.
2. It was like global announcement happened and who so ever was impacted was being communicated about the Amalgamation. We continued working in the same department, working on the same work station with the same team. As new companies finance was centralized in Mumbai and due to personal issues i never wanted to move to Mumbai so migrated all the work to Mumbai and moved back to other division of my old company.
3. It was senior leadership decision and we all continued in the same department working the same work.
4. I had written mail to the Retrial team and director of the same department sent an email stating few of the reasons and this was one of the reason.
I really need your help here. Though i never moved to Mumbai but even if you that was global sale, i migrated all the work to mumbai and went to other division of my old company and then why they treating it as break of service.
Waiting for your revert.
From India, Bengaluru
1. It was a Global take over of Banking Business by Another big Bank and we all got that letters long back in 2008. Will check if I still have that letter with me.
2. It was like global announcement happened and who so ever was impacted was being communicated about the Amalgamation. We continued working in the same department, working on the same work station with the same team. As new companies finance was centralized in Mumbai and due to personal issues i never wanted to move to Mumbai so migrated all the work to Mumbai and moved back to other division of my old company.
3. It was senior leadership decision and we all continued in the same department working the same work.
4. I had written mail to the Retrial team and director of the same department sent an email stating few of the reasons and this was one of the reason.
I really need your help here. Though i never moved to Mumbai but even if you that was global sale, i migrated all the work to mumbai and went to other division of my old company and then why they treating it as break of service.
Waiting for your revert.
From India, Bengaluru
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Doctors on Part Time payment-Gratuit y eligibility- Gujarat High Court.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf
Payment of Gratuity Act, 1972 & The Rules.ppt