Change date of joinng
PRADEEP SHARMA
(Querist) 20 May 2014
This query is : Resolved
Dear Sir,
I Joined the company since 24th Nov 2009. But after 2.5 year company change my date of joining 1st April 2012. And I ask the HR Team, he said that earlier you were off roll but now your are on roll so changed you date of joining. Therefore my gratuity will not pay. but my EPF No are same since 24th Nov.'2009.
is this posible that company can change date of joining without any interval.
Guest
(Expert) 20 May 2014
Student's academic query.
Rajendra K Goyal
(Expert) 21 May 2014
The company has informed you the reason, if not satisfied send legal notice.
BAALASUBRAMANNYAMM
(Expert) 22 May 2014
Though PF applies, immediate after joining in an organization, where more than 20 employees are in existence, with regard to Gratuity, an employee is eligible, who completes a working duration of 5 years. I think, to avoid Gratuity of you, your company has taken this type of stand.
PRADEEP SHARMA
(Querist) 23 May 2014
Dear Baala Sir,
This company has contanin more then 1000 employees. And nither we got any change date of joning letter nor any information regarding of that.
So please suggest me they have any rights for changes my Data of joining in mid of tenure with a same company.
Kumar Doab
(Expert) 28 May 2014
It is felt that there is nothing called as off rolls or on rolls.
If an employee is made to work for a company he is employee of the company.
Do you have any appointment letter and anything in writing issued to you at the time of your first DOJ?
Do you have anything in writing issued to you at the time of your 2nd DOJ?
Do you have copy of job advt, job application, interview call letter, selection letter; offer letter, attendance record, copies of task assigned/performed even if by email to show you were employee of which company?
What is this company: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You are located in which state?
Redg. office of the company is located in which state?
What is trade of this company: IT, Banking etc…..?
Were you given any I.Card, PF a/c slips of each year, ESIC Card, salary slip of each month……………
Are you a member of any employee’s unions, trade unions?
You may record the statements of the HR personnel (audio/visual) and keep some unshakable witness.
If you are in continuous employment without any break (caused by employer/HR) then you should be eligible for Gratuity.
If HR of employer himself is causing artificial break to deny Gratuity then your lawyer may opine that you can succeed.
You may draw the attention to word ’Whoever’ in Sec; 9 of Payment o Gratuity Act 1972.
