Worried About Gratuity Without an Appointment Letter After 11 Years of Service?

I am working with a group of establishments in Delhi for the last 11 years. During my service period, they have not issued any appointment letter or any other documentary evidence. However, they have been deducting my EPF from my salary since 01.04.2002 onwards.

My Questions

1. Am I eligible for gratuity without any documentary evidence available to me?
2. They now want to shift me to a sister concern without any written communication and are also transferring the PF account. Will this be problematic for me in the future when claiming gratuity, considering I have been working for so many years, i.e., 11 years?

Please provide me with genuine advice.

Thanks,
Santosh Manav

Yes Mr. Santosh, you are eligible for Gratuity, but I want to know from you whether you are getting your salary slips or not. If not, my question is why you have never asked for the same. It's your right to get the salary and other deduction details along with your ESIC & EPF details. If you have asked them and they didn't 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? Has it been submitted to the respective regional EPF office along with the Employer's share?

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

Third, there is no problem in transferring your EPF account because the amount deposited into your EPF account will remain the same with the new organization, and your new organization will continue with this account for future EPF deductions.

Regards

It is strange that you have worked in an organization for 11 years and are uncertain about your status. You must talk face-to-face with management and address all your queries to them. Ask for clarification and document everything. According to me, you are an employee as there is a deduction of PF from your account. If the organization has not provided you with a payslip, then you must request one from your date of joining. Under the Payment of Wages Act, a payslip is your right, and it is the duty of the employer to provide it.

Now, coming directly to your questions:

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

As an employee, you are entitled to gratuity. The evidence of PF deduction and the payslip will clarify the situation, so make sure to request them. I don't know what HR is doing in your company...

2. Now they want to shift me to a sister concern without any written notice, and they are also transferring the PF account. Is it problematic for me in the future to claim gratuity, considering I have worked for so many years, i.e., 11 years?

It is better to discuss with management about all your clearances and gratuity entitlement. Legally, if you are joining a different company, you must receive gratuity. If your employer states that gratuity will be paid by the sister concern, then it must be documented and agreed upon by both companies. If upon joining, you are given a new employee code, a new date of joining, and all the formalities for new employees, then it signifies that you are considered a new employee for the company.

In case you face any issues, seek advice from a good lawyer. The law protects those who protect themselves. Willful blindness and carelessness are not excuses. It may seem harsh, but you should be more proactive and informed about your rights.