I Never Received Appointment Letter, But PF Was Deducted -What About My Gratuity - CiteHR
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I am working with a group establishments in Delhi for last 11 years. during my service period they have not issued any appointment letter or any other documentary evidence. But they are deducted my EPF from my salary 01.04.2002 onwards.
My question is :
1. Am i eligible for Gratuity without any documentary evidence available with me ?
2. Now they want to shift me in a sister concern without any writing, and also transfering the PF account. Is it problamatic for me in future to claim gratuity as that i m working for so many year i.e. 11 years ?
Please give a genuine advice me.
Thanks
Santosh Manav

Yes Mr. Santosh, you are eligible for Gratuity but i wanna know from you whether you are getting your salary slips or not.
If No, my question is why you have never asked him for the same. See it’s your right to get the salary and other deduction details along with your ESIC & EPF details and if you have asked them or they didnt provide you, how can you stand with it


Do you know your EPF Number and how much EPF deduction is being made from your salary and has it been submitted to the respective regional EPF office along with Employer share.

Before proceeding of your transfer and agreeing on this, you must obtain the documents and your EPF with other details which can help you in future

Third, there is no problem in transferring your EPF account bcz the amount it has being deposited into your EPF account will remain the same with new organization and your new organization will continue with this account for future EPF deductions…

It is strange that you had worked in an organization for 11 years and uncertain about your status. You must talk face to face to management and put your all quarries to them ask them for clarification and document all things. According to me you are employee as there is deduction of PF from your account. If organization had not given you payslip then you must ask for pay slip from your joining Under payment of wages act pay slip is your right and it's duty of employer to provide the pay slip.

Now coming directly to your question.

My question is :

1. Am i eligible for Gratuity without any documentary evidence available with me ?

You are employee and entitled for gratuity deduction of PF evidence and pay slip will clear the picture so ask for it. I don't know what HR is doing in your company.................

2. Now they want to shift me in a sister concern without any writing, and also transfering the PF account. Is it problamatic for me in future to claim gratuity as that i m working for so many year i.e. 11 years ?

It better you talk to management about your all clearance and gratuity....legally you are joining different company so must get gratuity...if your employer say that gratuity will be paid by sister concern then it must written on paper by existing company and agreed and approved by sister concern company....if on joining you are getting new ecode, new date of joining and all new joinee formalities then it means you are new employee for company.....

In case face any issue talk to some good lawyer.

Law protects who protect them self...willful blindness and carelessness is not an excuse its harsh but you should be more proactive and informed about your rights.

thanks for replies, as query of Lucky, i am receiving my PF acknowledgement annually and also i have the PF Account no. and other details of employer. It is confirmed that my pf is depsitting regularly.
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