Dear Sir,
I have completed five years with two different employers, continuously working as a principal employee (Company) without any breaks. As a principal employee, would we be entitled to receive gratuity or not? The details of my employment are as follows:
1st: 13 Aug '18 to 30 Nov '21
2nd: 01 Dec '21 to 14 Aug '23.
Please advise me on this matter.
Thank you.
From India, Gurugram
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I have completed five years with two different employers, continuously working as a principal employee (Company) without any breaks. As a principal employee, would we be entitled to receive gratuity or not? The details of my employment are as follows:
1st: 13 Aug '18 to 30 Nov '21
2nd: 01 Dec '21 to 14 Aug '23.
Please advise me on this matter.
Thank you.
From India, Gurugram
Acknowledge(0)Amend(0)
When two different companies are there with the same management and if employees are asked to work in both companies, generally, they will be deputed to the second company while keeping their roles in the first company. If they are transferred to the second company by changing roles as well, then they need to follow the understanding they had at the time of shifting. We have done this for one of our employees by asking him to resign from company A and join as a fresher in company B. However, the agreement was that he will have continuity of service, meaning the services he has put in Company A will also be considered for all terminal benefits at the time of leaving the services. There are no hard and fast rules; it is at the discretion of the management and the understanding between the management and the concerned employee. Some companies will also have a policy on this.
From India, Madras
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15From India, Madras
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Contract employee & Principal employer 2017.pdf