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Hi I am working in an IT department for a leading media company located in Mumbai, India.
I had joined it in Jul, 2008 - Till date (31 Oct, 2013 i.e. 5 years, 3 months, 16 days)
I am about to get transferred to the sister company of the same organization/group
(a transfer letter has been provided to me for the same)
Q1. Would I be eligible to claim gratuity form my current company or would I can claim gratuity post resigning the organization/groups completely.
Q2. Both the sister company\'s HR with the corporate HR are playing ping pong with me when questioned on my gratuity status, also the company have never paid gratuity to any employee who has redesigned is eligible, as no one has never asked for it.
So I would like to know my way forward in this.
Hi

Q1. Would I be eligible to claim gratuity form my current company or would I can claim gratuity post resigning the organization/groups completely.

Please check the policy of your company whether the transferred employees are deemed as continuing employees of the main company and all benefits continues apply to them, post transfer.

Please seek a letter from HR confirming the all BENEFITS & SENIORITY will continue as per the terms and conditions of appointment (offer) letter issued by main company , in the event of returning from sister concern or subsidiary co to the main company.

Q2. Both the sister company\'s HR with the corporate HR are playing ping pong with me when questioned on my gratuity status,

please have the terms of transfer clearly

also the company have never paid gratuity to any employee who has redesigned is eligible, as no one has never asked for it.

if you are denied you may represent thru a legal counsel for the same.

attribution https://www.citehr.com/474878-claimi...#ixzz2jI7Z1HSw
Dear Nayak as you have been given a transfer letter to a sister concern of your company it will be treated as a continuous for the purpose of calculating your gratuity. If you would have resigned and joined the sister concern you would not have been able to claim the gratuity for the whole period. But in your case it will be treated as continuous.
You can first ask for it, however if they deny your claim, you can approach the Labour Commissioner of your area, who is also the authority under Payment of Gratuity Act, with a complaint and he will get you your gratuity within no time.
Just focus on your work. Even if HR says that they will not give you grautity for the whole period, your entitlement for the same doesn't die, you can still get the same just by approaching the Labour Commissioner.
Hope your query is answered. Please feel free to revert in case of any doubt.
Dear Mr. Nayak,
First of all you can confirm with your HR whether the Transfer to the Company Group is a continues one or a new one. Pl read the acceptance letter thoroughly before signing the same. As per right corporate norms, before issuing the letter of transfer in the same company group, the following has to be taken care by the HR.and the following can be incorporated in your transfer order.
" YOUR PAST SERVICES, LIKE GRATUITY, P.F. & E.P.F., SUPER ANNUATION IF ANY & OTHER LEGAL BENEFITS, SUCH AS SENIORITY, PAYGRADES WITH THIS GROUP SHALL BE TRANSFERRED TO THE NEW ASSIGNMAENT " .
Other wise you can consult a labour law practitioner to redress your doubts before signing the same.
With Regards.
Ravi
First you go through with your appointment letter boz it is very clearly mention in clause of appointment letter that you will transfer
to any branch or sister company whenever needed in future.
So although your location will changed but you are working with same group of companies.
Dear Mr.Nayak,

We don't know the contents of your transfer letter and no knowledge of under what arrangements this 'transfer' is taking place. Did you sign any willingness letter detailing the terms & conditions of transfer or simply you are transferred ? What happened to your erstwhile co. Has it been closed down or continuing. Subject to this clarification my view is, in all probability there won't be any clause in the transfer order about the payment of gratuity. On the other hand since you are treated as 'transferred' (presumably with continuity of service) the question of payment how arises now ? At this point of time it may be possible to get it confirmed from your present employer whether the "continuity" of service from the date of joining in your pre.employer onwards has been formalised and confirmed in unambiguous terms. It is prudent that you should sort these out now itself with your present employer, if not with pre.employer instead of ignoring it now and repent later. Right now what is clear is both are two different entities and are liable to answer to these queries failing which ask them to settle for the past service.
Dear Nayak,
Often transfer letters contain a clause " your other terms and conditions shall remain unchanged". Please go through your transfer letter for the following:
1. whether it stipulates your service to be the fresh one in the new company?
2. Whether the clause like one I mentioned above has been provided in the letter?
3. Whether the letter in question stipulates terms like a fresh appointment or a continuing appointment?
In any case, since the employer remains the same, you have fair chance of having the continuity of service, hence, the gratuity. However, in case of (1) above it will be construed as unfair labour practice and you will be eligible to seek relief through the intervention of the Labour Commissioner.
S.K.Johri
Dear Nayak
We have faced the similar situation in the recent past. The solution we got for this is the Company is maintaining the Gratuity Account with the same Fund Manager (For Ex. LIC of India).
So when contacted, even if there are Inter Company Transfers the respective Fund Manager has agreed to continue the Gratuity Account and provide the Gratuity Amount at the end of the service as per the statutory terms
Please check the details of Fund Manager and the Gratuity Trust in your company. You may approach the Fund Manager if you have any queries
Regards
Kumar
PFA my transfer letter I have provided a transfer letter but have received a new Emp code & a joining letter

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It is just a one liner. Please also tell whether it is signed and stamped by someone in the company. If yes they will have to pay you gratuity for the whole period. No matter they have given you different ecode and joining letter. Please do tell all whether this letter is signed and stamped or not.
Yes its on the company’s letter head & duly signed by Mgr. HR
Dear friend, please tell u r date of joining is same or it is changed ,i think u r entitled for gratuity as well as other benefits.because it is a routine transfer. Daljeet Singh 7894187756
I have received a new appointment letter with 1st Nov, 2013 as my joining date, whereas Jul, 2008 was my actual DOJ in the company groups
Dear Nayak,
They have transfered you to their company and also they have not taken any resignation from you, this act itself makes your employment continious. In one judgement of madras high court namely Mettur beardsell Ltd. Case it was the same ration given by The Honb'le Justice Abdul Wahab. Also for the purpose of payrolling they will have to give you joining letter that dosen't make your employment afresh. So focus on your work and throw all your worries out of window, leave these this for the time when you leave this organization and if at that time they decline you to give gratuity for the period you worked for the sister concern, you file a complaint before Assistant Labour Commissioner on the basis of that transfer letter. However please keep that transfer letter safe till that period.
Hope that clears all the doubts. feel free to revert in case of any further clarification.
My dear Nayak, Since the management of the company is the same, You are entitled to gratuity regardless of issue of fresh/ another letter of appointment. This is the legal position. S.K.Johri
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