Understanding Gratuity Entitlement During Employee Transfer

mohd-afzal
I joined a private company named BOP PT LTD. in May 2013. Suddenly in October 2015, they internally transferred some employees to their newly established sister concern, Bayaweaver Ltd. During the transfer, they asked us to withdraw our PF from BOP PVT Ltd. Since then, I have been working there. After 3.5 years, they suddenly asked me to leave for unknown reasons without giving any written notice or intimation. When I asked for my gratuity, they refused, stating that I was transferred to another establishment and hence not eligible for gratuity.

For the past six years, I have neither resigned nor been terminated. They only provided me with a new appointment letter after some time of transferring, in which my CTC was also reduced. It is important to note that all employees have official working email IDs for both companies. Even after the transfer, all corporate communication is done by HR using the old company's email ID from his previous email address. Employees have been using the old emails for a long time since the transfer, and our CUG numbers remain the same. Moreover, the management is more or less the same, with both companies being handled by the same person, some from within the company and some from outside.

Please help me get the right information on this!
vmlakshminarayanan
Hi,

At the time of transfer to a sister concern, you should have requested a continuity certificate from your employer. Please clarify whether you received any official transfer order or communication from your initial employer. It's employer-specific, and if they have created documents as two fresh appointments, then you can't claim. You may request with any proof available to you as proof of transfer.
mohd-afzal
No, there was no prior intimation of transfer. We only found out in February when management asked for the withdrawal of PF. After a long time, they handed over the appointment letter for the transfer.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute