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Tapas Bhowmick   30 September 2016

Can i ask for gratuity

Dear Sir,

        I am working with a company from last 8 years but the Employer has been closed the company and create a new one. Now on Salary Slip the Date of Joining is 01st August 2011 and the PF contributes from 01st April 2013. So my question is if I will resign from this company then can I ask the Employer for Gratuity? Please reply me.



Learning

 12 Replies


(Guest)
5 years and above entitled. Depends on ur service record and also company policy.

Kumar Doab (FIN)     30 September 2016

Were you asked to resign from closed company OR Did you resign from closed company?

Did old company issue FnF statement? 

Did employer supply any comunication closure of company and absorption of staff in new company and T&C of such absorption?

The salary slip iisued after closure mention name of  new comnpany or old company?

 

Do you have record of old company e.g; offer/appointment letter, salary slips of each month, Form16 of each year, PF number and a/c slips of each year? Does old comapny's PF a/c slip show tenure of employment ......................from Period to period?

 

Do you have record of new company e.g; offer/appointment letter?

 

The PF number issued by new company is same or changed?

 

 

 

Tapas Bhowmick   30 September 2016

I want to resign from new company. Old company PF has been withdraw by me 03 yrs back and the PF no is not same. New Company Salary Slip is with me and they did not issue me offer letter from any company. I could not get the meaning of FnF statement.

No there is no any communication about old company closure and  absorption of staff in new company.

Salary Slip I have mentioned the name of new company and it is showing the date of joining is 01st August 2016 but in PF they have entitled me from 01st April 2013.

The PF number issued from new company is changed.

Kumar Doab (FIN)     01 October 2016

Your query seems to be primarily for Gratuity!

FnF statement; Full and Final Statement.

Your posts do not provide full clarity.

You may reply pointwise to all points, posted above.

You may also post:

Date of Joining in old company. Do you have salary slips, PF a/c slips, Form16 of old company? You were in which state? Date of leaving old company?

Date of Joining in new company.You are in which state?

You had applied for partial withdrawl from old company as in case of employee that has NOT left the employment OR  applied for full withdrawal as in case of employee that has left the employment?

 

Tapas Bhowmick   01 October 2016

Dear sir,

     Thank you so much for your reply. 

     Date of Joining of old company is 08th July 2008.

     No I do not have Salary Slip of Old Company

     PF has been withdraw from last company

     Company does not give Form 16

     I am in Maharashtra.

     Date of Joining in New Company is 01st April 2013

     Now my question is in my Salary Slip Date of Joining is 01st August 2011 and PF Contribution (New Company) from 01st April 2013. Company did not give me Appointment Letter and Joining Letter.

     So from when I will be eligible for Gratuity?  As the Old company has been closed so my Date of Joining will be calculated from the Date of Joining showing in Salary Slip or From PF contribution Date?

    Please reply me

Kumar Doab (FIN)     01 October 2016

You hav not replied pointwise to all points.

Try to understand during online discussions the draft of query should be able to convey a clear  message.

What is factual and actual date of joining in new company; 01st August 2011 or 01st April 2013?

If factual and actual date of joining in new company; 01st August 2011 (a son salary slip as per you) then why PF contribution was allowed w.e.f. 01st April 2013?

 

You may also post: What was your designation and nature of duties in old and new company?

What was your salary in old and new company?

What is this old and new  company; Commercial or Industrial?

What is line of business; of old and new  company?

How many employees were employed in old and new  company?

 

Narrate facts properly.

Reply to all points,pointwise, from beginning, of 1st post in this thread.

Tapas Bhowmick   03 October 2016

Dear Sir,

      thank you so much for your reply.

Actual date of joining in new company is 01st April 2013

I am working as an Internal Auditor in both the company.

Salary has been increased from old company to new company. In cold company it was 20K+ and in new company it is 30K+ (Per Month)

Both the company is related to Service Industry in Industrial field.

There are more than 700 employees currently working with the company and in old company it is more than 400 employees.

One more thing I want to add is both the company is run by the same M

D previously it is a Pvt company (Propritorship) and New Company is a Pvt. Ltd (Partnership).

How many years after one can ask for Gratuity?

Please reply

 

Kumar Doab (FIN)     04 October 2016

It might be a fit case of 'Artificial Break in service'

 

Show all docs to a very able counsel specializing in labor/service matters.

Tapas Bhowmick   05 October 2016

Dear Sir,

       Thank you so much for your reply. So what is your opinion when I will be able to get Gratuity?

 

Thanks & Regards

 

Kumar Doab (FIN)     05 October 2016

"Date of Joining in New Company is 01st April 2013

     Now my question is in my Salary Slip Date of Joining is 01st August 2011"

Why there  is such error? 

This error in DOJ is in your favor or not, Why PF was not provided and were you eligible or not, Prop to Pvt ltd company is closure or not, how much time it shall take  etc etc are points that your own counsel can inform after examining all dcos on record.

 

Tapas Bhowmick   06 October 2016

Dear Sir,

     Thank you so much for your reply. Now my question is whom I have to discuss all these points?

Thanks & Regards

 

Kumar Doab (FIN)     06 October 2016

very able counsel specializing in labor/service matters.

 

You are unable to post clear facts and have not been posting reply to all points.


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