LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

priya (Sr. Sw Engg)     19 November 2012

Clarification regarding gratiuity

i have a clarification regarding gratiuity. i joined my last company on 2nd jan 2008 and got releived on 10th sep 2012 and my total experience there is 4yrs 8months 8days. we work on first and third saturdays of the months too.  In these span of 4.8 years they transferred me internally to their child company and transferred back to the parent company. They are reay to the give the experience certificate from the parent company for the total years of experience but they are saying im not eligible for gratiuity and the reason they are saying for that is the split up and the years of experience. Please help.



Learning

 5 Replies

Kumar Doab (FIN)     19 November 2012

Obtain the experience certificate from parent company for total tenure of service.

Did the parent company effect transfer by a letter of transfer by issuing letter/office order instructing you perform your duties at another company {which you mentioned as Child Company}?

How the second transfer was effected second time? Who issued letter of transfer?

Which company was paying salary and issuing salary slip/form 16, PF contribution during the period of transfer?

Did it issue new PF number during the period of transfer?

Or did the parent company ask you to resign and join another company while 1st transfer and then 2nd?

If you resigned then it is felt that you have lost your chances to stake your claim for gratuity.

However if the employer can be convinced by you it can compensate you by paying the equivalent amount under some other head.

Valuable advice of learned experts/members is sought.

1 Like

priya (Sr. Sw Engg)     20 November 2012

For the first transfer, i didn't give any resignation but i received the order of transfer from the parent company. for the second transfer, they asked me for the resignation and they gave the appointment order again. Regarding PF i have three separate accounts. These PF transfers are all happened internally and we are not informed about it. The collegues who got releived before me with experience of more than 5 yrs got the gratiuity amount from the company.

Kumar Doab (FIN)     20 November 2012

Obtain the experience certificate from parent company for total tenure of service.

Your tenure of service/employment has ended with your resignation.

You need to satisfy the condition of continuous/uninterrupted  service as per clause 2A of payment of gratuity Act.

 

Section: 2A
Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

 

Your second tenure of service has started after issuance of appointment order.

PF should have been transferred after you signed the PF transfer forms.

If in case of your colleagues also company asked to resign but counted the period of service after resignation then you may also request good offices of your appointing authority, MD, Chairman to grant you the amount proportionate to amount as per gratuity calculation formulae and apply your goodwill, rapport, and exceptional levels of persuasion, persistence, reasoning, negotiation skills, to get the benefit.

After all you have served the employer and followed its orders.

The company has asked you to resign from second company and join parent company due to some technical reasons, which you and company would know.

If you have some clinching evidence on record you may show it to an experienced and competent labor consultant/service lawyer, advocate and your lawyer may opine that there is some way out to have a handle on your employer. However you are in the employment of same employer so you may apply your goodwill and skills to convince the good office to not to deprive you, as in case of other employees, as mentioned by you.

 

Employer can use its discretion and pay gratuity in your case. The amount involved must not be very high {as on average 15 days Basic+DA per year is to be paid}.The employer can pay in any shape under any head.

Valuable advice of learned experts/members is sought.

 


Attached File : 380529417 paymentofgratuityact(1).doc downloaded: 66 times
1 Like

priya (Sr. Sw Engg)     20 November 2012

Thank you very much for your guidance.

Kumar Doab (FIN)     21 November 2012

You have posted that:

“These PF transfers are all happened internally and we are not informed about it.”

“Regarding PF i have three separate accounts.”

Employer should communicate the PF a/c number of the employee to employee. Some employers mention it in salary slip.

PF can be transferred after member has signed the PF transfer forms. No one else other than member can sign the forms.  Did you sign PF forms for transfer of PF?

Your first employment with parent company and tenure with second company has ended with your resignation.

Hence you should ask good offices of your company with copy to Head-HR, to supply you the account slips of your two PF accounts from employer. O/o PF commissioner supplies the PF account slips to employer and employer is duty bound to supply it to employee by effective mode of communication e.g. redg. post. The PF account slip is property of employee.

Some Employers provide access to employee portal at company website and employee can generate printout of his/her PF account slip of each year.

If company has issued 3rd PF account number than previous two might have been either closed or transferred. However closure or transfer can not be done without your signature on PF forms and attestation by employer.

PF dept. has started PF pass book at some locations.

You can access the details at

www.epfindia.gov.in

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query