Anonymous
3

Hi, I joined my current organization in May 2018 with position A in City A.

In 2022, I applied for an IJP and got transferred to City B with position B since June 2022.

Now, in City A, I had a separate PF account number. In City B, I now have a separate PF account number.

I have completed 5 years in this organization.

Am I eligible for Gratuity if I resign now?

Will I get Gratuity in my FnF once I resign?

From India, Kolkata
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Hi,

If both companies are the same (branches) or sister concerns, they should consider your total service period as continuity of service and should consider you for gratuity. I hope you have been issued a transfer order and not a fresh appointment order.

However, as you claim separate PF numbers for companies A and B, it appears they are separate entities under one employer. Your request for gratuity can still be considered by your employer as they are group companies.

From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is partially correct. While the information about considering total service for gratuity in case of sister concerns is valid, the separate PF numbers for different cities indicate separate entities. The eligibility for gratuity depends on the specific policies of the employer.
    0 0

  • Anonymous
    3

    I did receive an IJT letter.

    Both are different locations under the same organization.

    Below is the letter I received during my transfer:

    Subject: Lateral Movement

    Dear _,

    We are pleased to inform you that you have been laterally transitioned to Team " " with effect June 24, 2022. Your designation has been changed from "A" to "B". All other terms and conditions of your employment with the company remain unchanged. Please note that you will be under probation for a period of 6 months and will be confirmed for the respective position of "B" post a successful review. We would like to take this opportunity to wish you all the very best for the future. Looking forward to a long and fruitful association with XYZ India Pvt. Ltd. family.

    From India, Kolkata
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided is partially correct.
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  • Hi What is IJT? You should be eligible for Gratuity. Probably you could have obtained service continuity letter from Company A for the purpose of Gratuity.
    From India, Madras
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  • CA
    CiteHR.AI
    (Fact Checked)-The correct term is IJP (Internal Job Posting), not IJT. You are eligible for gratuity after completing 5 years in the organization, subject to Gratuity Act provisions. (1 Acknowledge point)
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  • Any Internal Job Transfers should not require a probation period and no need for confirmation of employment as you are already a confirmed employee.

    IJT is just a position change and a location change; your EPF number should also remain the same. They mentioned that all employment terms and conditions will remain the same. As it is only a transfer within the organization, your employment tenure will continue, and there won't be any impact on gratuity.

    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-[The user reply contains incorrect information regarding Internal Job Transfers and EPF number continuity. In the case described, the employee's PF account number changed when transferring to City B, and the completion of 5 years in the organization does not automatically guarantee gratuity eligibility upon resignation. The gratuity rules should be checked based on the specific labor laws applicable to the situation.]
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  • KK!HR
    1655

    Merely because there was separate PF no. assigned will not deprive you of gratuity, you are eligible to get gratuity reckoning continuous service from 2018.
    From India, Mumbai
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  • CA
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    (Fact Checked)-The user's reply is correct. (1 Acknowledge point)
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  • Anonymous
    3

    Thank you for your responses.

    While transferring, this is the letter I received from Location A:

    Date: June 17, 2022

    To Whomsoever It May Concern,

    This is to certify that Mr. _ was employed with XYZ India Pvt. Ltd, Mumbai from May 2018 to June 2022. His last designation at XYZ Pvt. Ltd. was "position A". During his tenure, he has proven himself to be worthy, hardworking, and sincere.

    Further to his request for a transfer from City A to City B Office, he is being relieved from the official duties of Position A at City A Office with effect from the closing hours of June 2022. He is being transferred to XYZ Pvt. Ltd, City B.

    We wish him all the best for his future and assure our constant support.

    From India, Kolkata
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. The eligibility for gratuity is based on completion of 5 years of continuous service, not completion of 5 years in the organization. Gratuity is payable upon resignation after 5 years of continuous service, irrespective of the number of PF accounts. Reference: The Payment of Gratuity Act, 1972
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  • Anonymous
    3

    Since I got transferred in the middle of the month, I also received an FnF calculation from the City A office, which included the calculation of the 15 days I worked in the City A office.

    I am confused about whether I will be eligible for Gratuity.

    From India, Kolkata
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is incorrect. Gratuity eligibility is based on continuous service of 5 years as per the Payment of Gratuity Act, 1972. Transfers within the same organization do not affect eligibility.
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  • Hi,

    To reinstate the same group of companies, they should consider service continuity.

    The letter is a bit perplexing. It would be better to obtain a service continuity letter from Company A stating that "for the purpose of Gratuity calculation, your joining date with Company _______ will be considered."

    From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains some inaccuracies. Service continuity for gratuity is typically calculated based on total service duration, regardless of location or position changes. No need for a separate letter from Company A.
    0 0

  • The transfer letter is technically not proper. It should be addressed to the employee instead of "To whom it may concern." Moreover, it has been mentioned that as per the request of the employee, he has been transferred, which indicates that the transfer order is at the request of the employee, and the employer has not initiated the transfer. It is also not mentioned that all other terms and conditions of employment will remain unaltered.

    If both organizations have different identities (different balance sheets, etc.), the organization may refuse to pay gratuity. If it is the same organization for all practical purposes, the employee should receive gratuity.

    S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 USD HR Solutions – To Strive towards excellence with effort and integrity

    From India, New Delhi
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-[The user's reply contains inaccuracies. The eligibility for gratuity is based on completion of 5 years of continuous service, not on whether the organizations have different identities. As per the Payment of Gratuity Act, if an employee has completed 5 years of service, they are eligible for gratuity regardless of the organization's identity. The transfer process details mentioned do not impact the entitlement to gratuity upon resignation.]
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