#Anonymous

Hello,
I am a person working with private limited company since 1981.
our base company A (which i joined in 1981) has transferred their rights to B (current) company with same management and site (during 1992).
now, management has made a joint venture and are relieving the peoples.
I am the first person from our mumbai office for relieve, informed verbally to leave by 30th April,2019.
(around 20 peoples are working in mumbai office and more than 70 peoples in plant
located at Gujarat)
I would like to have your valuable suggestions on the below :
first of all, am i eligible for gratuity benefits from 1981 or 1992 (in current company),
AND, it is based on basic salary OR total gross monthly payment.
in addition to gratuity, i am eligible for
1. retrenchment OR VRS OR both.
2. also, am i eligible for any incentives for my balance period of service.
Please guide with relevant calculations, so as to enable me, to helps a lot.
Please advise relevant act and rules.
Thanks,
23rd April 2019 From India, Mumbai
Dear,
As per your narration, it is not clear whether the management has offered any VRS or not.as per law you are only entitled to retrenchment to benifit in a given situation.
Please send your complete details for further clarifications.
23rd April 2019 From India, Delhi
Sir,
the management has not offered any VRS.
They have given only verbal information by 2nd April,2019 that you are no longer will work
with our company (are relieved) from May, 2019 (considering one month notice period BUT no written letter or confirmation is given) as they are closing down the mumbai office.
Noted that I am only entitled to retrenchment to benefit in a given situation.
If so, what are the calculations and respective acts and rules.
Do I have to send any notice through legal mode or I can submit one formal letter first
not accepting their terms of only gratuity offered by them.
This should be prior to 30th April, 2019 OR thereafter, will do.
Further, can i get the gratuity benefits from the 1st day of my joining 1981, the first company
taken over by same management and same manufacturing site OR
from 1992, the current company name style changed.
Now, it is understood that one by one management is asking for resignation from other staffs,
which are joined after 2000.
Also, kindly guide can i get my accumulated leaves over the period.
23rd April 2019 From India, Mumbai
Dear Friend,
1. You are eligible for the gratuity benefit as your company taken over by other company so in this case your employment consider as continuation.
2. Gratuity calculates on Basic+DA
2. In your leave policy if its written, then you will be eligible for the leave encashment benefit.
23rd April 2019 From India, Mumbai
Sir,
1.Noted that I am eligible for the gratuity benefit considering as continuation.
2. There is no leave policy as I was considered under management level.
BUT other employees gets leave encashment benefit.
Now, here again our Mumbai staff gets overall 30 days total leaves per year whereas
at our plant, Gujarat, they gets around 45 to 60 days total leaves (p/l, c/l, s/l)
so, can our mumbai staff gets the benefits like gujarat staff.
how can i claim the said leave encashment benefit for the total working period.
(since 1981) simultaneously can i claim overtime done, now.
As I am only entitled to retrenchment to benefit in a given situation.
what are the calculations and respective acts and rules.
Also, how can i get or eligible for any incentives for my balance period of service.
(4 years)
Do I have to send any notice through legal mode or I can submit one formal letter first
not accepting their terms of only gratuity offered by them.
This should be done prior to 30th April, 2019 OR thereafter, will do.
As management has informed verbally about vacant wef may,2019.
any stand to extend the period / work asking written letter for to leave the job.
23rd April 2019 From India, Mumbai
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