I started my carrier in an two wheeler automobile firm (Paartenrship firm) and worked 15yrs under the same company , Founders closed the firm and transferred me to their different organisation without taking any resignation and offer letter from the new company. The only thing changed is that I was getting salary from new company's account. When asked for gratuvity they said that since there was organisation chage, I am not eligible for gratuvity. My age is now 54yrs. I am only 4 years to new organisation. What can i do for the gratuvity.
regard
Vinod
regard
Vinod
Hi,
Gratuity Act applies to all businesses, including partnerships, proprietorship, and limited companies.
The Payment of Gratuity Act requires organizations with at least 10 employees to pay gratuity. (Even if the number of employees drops below 10, the organization is still obligated to pay gratuity) So what is the highest count of employees with the partnership firm. If Gratuity is applicable Founders are liable to pay. But if you raise litigation your current employment may come under a cloud. So be prepared for that. You can submit Gratuity form I and if no response you can appeal before Assistant Commissioner of Labour of your firm's jurisdiction.
Other perspective is that since you got transferred same group company ( with same Management) for the purpose of Gratuity your DOJ to be considered as your initial DOJ with Partnership firm and at the time of separation from the new company they can pay Gratuity for the whole period of service (i.e) Partnership firm work years + new Company work years.
From India, Madras
951Gratuity Act applies to all businesses, including partnerships, proprietorship, and limited companies.
The Payment of Gratuity Act requires organizations with at least 10 employees to pay gratuity. (Even if the number of employees drops below 10, the organization is still obligated to pay gratuity) So what is the highest count of employees with the partnership firm. If Gratuity is applicable Founders are liable to pay. But if you raise litigation your current employment may come under a cloud. So be prepared for that. You can submit Gratuity form I and if no response you can appeal before Assistant Commissioner of Labour of your firm's jurisdiction.
Other perspective is that since you got transferred same group company ( with same Management) for the purpose of Gratuity your DOJ to be considered as your initial DOJ with Partnership firm and at the time of separation from the new company they can pay Gratuity for the whole period of service (i.e) Partnership firm work years + new Company work years.
From India, Madras
Mr.Vinod,
Are you still working with the same co or left ? If still working there is no need raking up gratuity matter at this point of time as you are only 54 yrs and you can go further service upto 58, 60 or even beyond as per your co's rule.
In case you left (resigned or retrenched or closure of contract as the case may be) the co. then it's worth pursuing your case.
It's important to ensure that there shall not be any gap between your partnership firm service and now in service with this Co. Continuity of employment is the criteria to determine the gratuity and the No.of employees in the Co. (which should be 10 or more anytime during the year). You can continue this post with your clarifications so that further action can be discussed.
From India, Bangalore
Are you still working with the same co or left ? If still working there is no need raking up gratuity matter at this point of time as you are only 54 yrs and you can go further service upto 58, 60 or even beyond as per your co's rule.
In case you left (resigned or retrenched or closure of contract as the case may be) the co. then it's worth pursuing your case.
It's important to ensure that there shall not be any gap between your partnership firm service and now in service with this Co. Continuity of employment is the criteria to determine the gratuity and the No.of employees in the Co. (which should be 10 or more anytime during the year). You can continue this post with your clarifications so that further action can be discussed.
From India, Bangalore
Dear Mr.Vinod,
You can claim the gratuity from the first company,where you worked 15 years. You need to file a claim petition before the controlling authority, because all the amount is your right.
Further, Auditors are not considered as employees. But in reverse, an auditor in company rolls is an employee.
This much can be said in absence of documentary evidence and other information. Still you can consult a legal or contact the District labour office with details in claim of your demand.
From India, Mumbai
You can claim the gratuity from the first company,where you worked 15 years. You need to file a claim petition before the controlling authority, because all the amount is your right.
Further, Auditors are not considered as employees. But in reverse, an auditor in company rolls is an employee.
This much can be said in absence of documentary evidence and other information. Still you can consult a legal or contact the District labour office with details in claim of your demand.
From India, Mumbai
Dear Mr.Vinod,
You can claim the gratuity from the first company,where you worked for15 years. You need to file a claim petition before the controlling authority, because all the amount is your right.
Further, Auditors are not considered as employees. But in reverse, an auditor in company rolls is an employee.
This much can be said in absence of documentary evidence and other information. Still you can consult a legal or contact the District labour office with details in claim of your demand. On closure of 1st company, you joined the new one but your service period shall be considered the day u joined new company.
From India, Mumbai
You can claim the gratuity from the first company,where you worked for15 years. You need to file a claim petition before the controlling authority, because all the amount is your right.
Further, Auditors are not considered as employees. But in reverse, an auditor in company rolls is an employee.
This much can be said in absence of documentary evidence and other information. Still you can consult a legal or contact the District labour office with details in claim of your demand. On closure of 1st company, you joined the new one but your service period shall be considered the day u joined new company.
From India, Mumbai
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