Can I Claim Gratuity After 7 Years with Overlapping Roles in Sister Companies?

Dear All,

I have completed 7 years of work in my previous company. Can I ask him about the payment of Gratuity? I joined in Aug-02 to Sep-09. However, during this period, I worked 3 1/2 years in their sister concern company and another 3 1/2 years in their main company. There was no gap between these two companies, and I did not receive any appointment letter from the main company. Both the directors in the two companies are the same.

This is very important to me. I am aware that we can claim gratuity after 7 years, but in this situation, can I request the same?

Thank you.

Gratuity can be claimed after completion of 5 years of continuous service in an organization. In your case, if you have worked on the payroll of one company for a total of 7 years, you can claim gratuity.

Dear [Addressee],

What is your management saying?

With Regards,

R.N.Khola

Yes, you can ask for Gratuity. Definitely, they have to pay. If they are not willing to pay, you can approach legally.

Gratuity payment is applicable once you complete a service of 5 years in one organization only.

Because in your case, you have not served the complete period of 5 years in a single organization, hence the gratuity does not stand applicable.

Organizations establish sister concerns to avoid these benefits. Legally, you are not eligible.

Gireesh

Dear Sir,

I have worked for 9 years and 3 months in a Ltd. Co. continuously. They have paid me Rs. 45,000/- (approx.) as Gratuity amount. Please confirm if it is the correct/equal payable amount. My last basic salary was Rs. 8,800/-

Dear,

You are entitled to gratuity if you had received a letter of appointment, which is an agreement accepting you into the company. Depending on the law governing this in your area, you don't have a letter of appointment, meaning you are not qualified for gratuity. In any organization you work for, you must receive a letter of appointment first before anything. This letter states all that you will be paid and the benefits accruable to you.

Thank you.