I joined a company on January 14, 2008. After 6 days, I was granted extraordinary leave and posted to its subsidiary company for the next 3 years, which was later extended up to January 9, 2013, on a contract basis. In between, the subsidiary company's name changed two times due to statutory issues. I resigned from the subsidiary company and returned to my parent company on January 9, 2013. I am currently working with my parent company using the old employee ID given in 2008 at the time of my joining. I am now planning to resign from the company. My PF account numbers in both companies are different.
Here are my queries:
- Is my service calculated from 2008 onwards?
- Until now, I have not received any PF or other benefits like leave encashment. Am I eligible for gratuity?
- If yes, with my current basic salary of 10,945, how much will I receive?
- If the company rejects, whom should I approach?
Please help me with these issues.
Regards, Somesh
**Location:** Ernakulam, India
From India, Ernakulam
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1Here are my queries:
- Is my service calculated from 2008 onwards?
- Until now, I have not received any PF or other benefits like leave encashment. Am I eligible for gratuity?
- If yes, with my current basic salary of 10,945, how much will I receive?
- If the company rejects, whom should I approach?
Please help me with these issues.
Regards, Somesh
**Location:** Ernakulam, India
From India, Ernakulam
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Calculation of Service Period:
- Your service is typically calculated from the date you joined the parent company in 2008, even though you were posted to the subsidiary company for an extended period.
Eligibility for Gratuity and Calculation:
- You may be eligible for gratuity if you have completed a continuous service of at least 5 years, as per the Payment of Gratuity Act, 1972 in India.
- The gratuity amount is calculated based on a formula: (Last drawn basic salary * 15 days * number of years of service) / 26. Here, the number of years is rounded up to the nearest full year if you have completed more than 6 months in the last year.
- Using your current basic salary of 10,945 and assuming a completed service period of 5 years, the estimated gratuity amount would be approximately calculated as follows: (10,945 * 15 * 5) / 26 = [Icon] Amount.
Recourse if Rejected:
- If your company rejects your gratuity claim, you can approach the controlling authority under the Payment of Gratuity Act or the Labor Commissioner's office in your area for further assistance and resolution.
It's advisable to consult with the HR or legal department of your company to ensure a smooth process of claiming your gratuity entitlement.
From India, Gurugram
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- Your service is typically calculated from the date you joined the parent company in 2008, even though you were posted to the subsidiary company for an extended period.
Eligibility for Gratuity and Calculation:
- You may be eligible for gratuity if you have completed a continuous service of at least 5 years, as per the Payment of Gratuity Act, 1972 in India.
- The gratuity amount is calculated based on a formula: (Last drawn basic salary * 15 days * number of years of service) / 26. Here, the number of years is rounded up to the nearest full year if you have completed more than 6 months in the last year.
- Using your current basic salary of 10,945 and assuming a completed service period of 5 years, the estimated gratuity amount would be approximately calculated as follows: (10,945 * 15 * 5) / 26 = [Icon] Amount.
Recourse if Rejected:
- If your company rejects your gratuity claim, you can approach the controlling authority under the Payment of Gratuity Act or the Labor Commissioner's office in your area for further assistance and resolution.
It's advisable to consult with the HR or legal department of your company to ensure a smooth process of claiming your gratuity entitlement.
From India, Gurugram
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx