Anil Keshari 22 November 2023

Gratuity declined after 10+ years of service

Dear Lawyers,

I have worked for a MNC company XY for < 4 years. Then I moved to overseas and worked for 4+ years with its parent company XX. Finally I moved back to India and joined same company XY and worked for 2+ years and finally resigned now.

The company has denied the gratuity benefits stating the clause of missing continuous service

Here are some more information -

1) I had applied for the overseas position (in XX) through company portal (workday) but NEVER resigned

2) I was on payroll for the overseas company XX (not XY) for those 4+ intermediate years

3) I had received the final settlement (leave encashment etc) after each transfer.

4) My corporate email id and workday Id remained the same through out

Is there any legal option I can explore? Any help would be highly appreciated

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6 Replies

SAM (LEGAL) 22 November 2023

Complain your greviances online in below mentioned greviance portal

https://pgportal.gov.in/

Anil Keshari 22 November 2023

Originally posted by : SAM

Complain your greviances online in below mentioned greviance portalhttps://pgportal.gov.in/

Thanks Sam. Does it has a legal ground to file greviance?

T. Kalaiselvan, Advocate (Advocate) 23 November 2023

You can issue a legal notioce to the company demanding the gratuity for your entire service since you were on the pay rolls of this company or its parent company throughout including the intermediate period.

If your employer is not responding or not complying with the demands made, you can sue the employer before civil court and seek recovery of your due amount

Dr. J C Vashista (Advocate ) 23 November 2023

If you have served less than 4 years with you are not entitled for any gratuity.

Anil Keshari 23 November 2023

Thanks for the response T. Kalaiselvan, Advocate Sir.

Do you know someone who can help in issuing legal notice or suing the employer? I can provide more information through the email, or whatever way you prefer.

P. Venu (Advocate) 30 November 2023

You may apply for gratuity and escalate the issue before appropriate authority/ Court of Law. For more more informed discussion you have option to post the issue on citehr.com