The scenario is that I started my career with a company ABC and worked for 4 years and then the founders of the same company decided to create a new company XYZ and shifted me to that company without taking any resignation and offer letter from the new company, the only thing changed is that i was getting my salary from new company's account. Now after an year they decided to merge both the companies and now I am getting salary from the original company. when asked for gratuity they said that since there was an organisation change I am not eligible for gratuity, what can i do in this scenario. Are there any cases like this where I can get the reference to show that to my company?
From India, Gurugram
From India, Gurugram
Hi,
Please be informed that Gratuity is payable at the time of separation only ( after resignation) after completing 5 years of continuous service. So if you are continuing with the Employer, the question of Gratuity payment does not arise now. As you had worked for same group company and as the employer didn't took any resignation letter from you at the time of move xyz company Employer is liable to pay Gratuity at the time of separation.
From India, Madras
919Please be informed that Gratuity is payable at the time of separation only ( after resignation) after completing 5 years of continuous service. So if you are continuing with the Employer, the question of Gratuity payment does not arise now. As you had worked for same group company and as the employer didn't took any resignation letter from you at the time of move xyz company Employer is liable to pay Gratuity at the time of separation.
From India, Madras
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf