Gratutity


One employee got transferred from one group company(X Pvt Ltd) to another group company(Y Pvt Ltd). Previous employer have not paid any gratuity. Existing employer .i.e. Y Pvt Ltd sending the joining date with X Pvt Ltd to Actuary for making estimate of gratuity liability provision. 

My question is

1) Since gratuity is payable by the Y Pvt Ltd, is it correct to take joining date with previous employer for gratuity calculation

2) If yes, Please tell me the reason?

 
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Dear Silla Pawan: Please clarify as to in X company you were employed from which date to which date. 2) After resigning from the X company did you join Y company and if so from which date and 3) Whether you are still working in Y company? to answer your query correctly.
 
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1)X company you were employed from which date to which date.

Ans: From 10-Oct-2010 31-12-2017

2) After resigning from the X company did you join Y company and if so from which date?

Ans: I joined the another company because of management deciscion. My joining date in company Y is 01-Jan-2018

 3) Whether you are still working in Y company? to answer your query correctly.

Ans: Yes, still working.

 
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So you are continuing your service since 10 Oct 2010, hence your Y employer would be asking to your X employer to transfer your gratuity to his company for updating his records (Y's records). You can only withdraw the cummulative gratuity if you resign from the present Y company.
 
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If you wanted to withdraw the gratuity from X company then you would have withdrawn only after resigning from it. But you have been transferred from X to Y company, so no withdrawal allowed. However if you resign from the present Y company, then also you can withdraw the cummulative gratuity.
 
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