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Gratuity

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved 
Please help,
I have appointed in a Pvt Ltd Company, Employee Strength 300 plus now. After 6 month of my join they started giving my Salary from a Partnership firm under same owner and same management,less than 5 Employees working. Attendance Register too Changed. But i am receiving increment letter and other letters in Same Pvt Ltd Company Letter Head even now. As i have completed my 6 years here, and not transferred/accepted any transfer letter, Am i Eligible for Gratuity. I always get Cheque from firm and recently one or two times they added my name in Pvt Ltd Company's Salary transfer List. I have Pvt Ltd Company ID card too with Date of Joining.
M.Sheik Mohammed Ali (Expert) 30 September 2011
yes, you will eligible to get gratuity.
Shailesh Kr. Shah (Expert) 30 September 2011
No, Company is playing with you to avoid gratuity.
Guest (Expert) 30 September 2011
Really, the company is playing trick to show break in your service to avoid payment of gratuity.
Raj Kumar Makkad (Expert) 30 September 2011
I too agree with Shailesh.
R.Ramachandran (Expert) 01 October 2011
Yes, the company is playing tricks with you. Have you got EPF Account? Please check up who is paying the employer contribution - whether the Pvt. Ltd. Company or the Partnership Firm.
prabhakar singh (Expert) 01 October 2011
I agree with common view which has been rightly arrived at, on the query.
Chanchal Nag Chowdhury (Expert) 01 October 2011
Go through the MOA & AOA of the Pvt. Ltd. Co. & try to find out the objects & the internal management of the Co. If U do not find anything. see the terms of your service especially if U have been loaned out to the other. If that be so, U should not have any problem, otherwise your employer is guilty of unfair labour practice. Gratuity will be paid from the orgn. from where U have got your appointment letter.
Querist : Anonymous (Querist) 03 October 2011
They are not deducting PF from my salary and even pvt ltd company whose basic + DA is 6500 or less they deduct PF otherwise no PF. Both Firm and Company are separate entity and no link between any business or employee related matters.But Pvt Ltd company directors are Partners in Firm too
Shailesh Kr. Shah (Expert) 03 October 2011
There is no change in my answer.

Can you tell me how many employee in company and firm, so help you further?
Querist : Anonymous (Querist) 03 October 2011
Company 304 and Firm only 2 now


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