Grauity clarification

R.Ananda Kumar (Querist) 26 November 2017 This query is : Resolved
I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity.

Dear expert, kindly advice to me,

1. i am eligible for grauity or not,
2. why they have avoid continue service
3. First Two month pre opening period also consider for grauity calculation or not
4. If i accept this condition i lose my service period 4 yrs and 6 month.

Kindly advice

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Dr J C Vashista (Expert) 27 November 2017
Yes, you are right in analysing that you are looser of your 4 1/2 years of service for the purpose of gratuity and other retirement benefits if you accept new assignment.
Make sure, before accepting T & C for new assignment that past service is counted for all purposes (service).

P. Venu (Expert) 27 November 2017
The Management is wrong in its "arrangement" in compelling you to lose or forfeit your past services as well the benefits. Law and its procedures provide remedies; but it requires sustained legal action.

Kumar Doab (Expert) 29 November 2017
If the employer-employee relationship for earlier two months is established ( by you, establishment, authority) then you should be eligible to get the 2 months counted.
Are you being asked to resign before you are absorbed in next establishment?
Otherwise transfer/deputation etc is part of service conditions.

Kumar Doab (Expert) 29 November 2017
Or it is being stated in writing in any order/MoU/settlement/award/takeover etc etc that the employee from M/s …………..being taken in M/s ………..shall not get past service counted?