Gratuity issue
Karthikeyan
(Querist) 22 December 2015
This query is : Resolved
Dear Expert,
My friend has come across a scenario :
He was working with Company A for 4 years and 1 years ago this was taken over by Company B. Now Company B is declining the Gratuity Eligibility stating that He was employed with them only for 1 years..
In the offer letter from Company B it is stated that there will be continuity of service and the accrued amount is transferred to B.. When asked on this clause, they replied stating that we do not want to have an issue that time so we just added it..
I believe he is eligible for Gratuity..
Can he file a case against them for fraud or any other charges based on the documents He have from them like offer letter, Gratuity denial letter signed by Company head... If so what are the charges applicable.. ?
they are in total 100+ employees, earlier they used to provide gratuity to similar cases now due to bad performance of company they started to decline all such claims and started to force employees to resign who all were transferred(not letting them to complete total of 5 years).
Going forward everyone will face the same.
Regards,
Karthikeyan..
Kumar Doab
(Expert) 22 December 2015
This query is also posted at:
http://www.lawyersclubindia.com/forum/Gratuity-issue-131044.asp
Has the employee submitted FormI under proper acknowledgment?
Does the employee have any evidence of :
"stating that we do not want to have an issue that time so we just added it.."
"started to force employees to resign who all were transferred(not letting them to complete total of 5 years).
"
