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kiran dobhal (sr. executive)     26 July 2012

Is m eligible for gratuity

Hi,

I am working in a MNC & three HQ is in Spain since from 14-12-07.  As its into construction line they are having lots of Joint venture. When I joined I was under a different name like XYZ ingenieria S.A.  But after working for almost 2 yrs they had opened there another company XYZ India, which is registered on 1st Oct, 2008 in India and they shifted me & all other employees in that company.  And now in their records they stored my joining date as 01st Oct,08. 

I want to know that is I am eligible for gratuity ??

Which tenure will be counted is is from 14-12-07 or from 01-10-08 ??

& also kindly let mi know the exact tenure for gratuity is it 4 yrs and 8 months or 5 years ?



Learning

 3 Replies

Kumar Doab (FIN)     26 July 2012

"which is registered on 1st Oct, 2008 in India and they shifted me & all other employees in that company."

How did you retire from previous company? By resignation?

If yes you have committed a blunder.

All employees may join hands and be witness to each other and approach the o/o Controlling Authority which can be ALC or DLC in your case.

Or Approach the good offices of appointing authority, MD, and request to accommodate al employees.

The good offices can disburse the mount for two years as Ex-Gracia.

Did the company issue any circulars, etc that company shall shift all employees to new company and old company shall become defunct.

Was any opportunity granted to employees to join new company or accept severance package?

 

kiran dobhal (sr. executive)     29 November 2012

we make the blunder..... we didnt received any circulation nor the company informed us in advance

Kumar Doab (FIN)     29 November 2012

Some of the employees mentioned that Airtel also did it.

Employees are herded to one location say Regional Office and are asked to resign and join other company or face termiantion and loss of job.

This is a bad practice but this is practiced.

If all employees are united or if you are determined a competetn and experienced labor consultant/service lawyer may be contacted with all docuemns and inputs in person may be given.Create soem hype and noise.Build some record.

There may be a solution. There is always some.

After evaluating all options if you feel that there is none which suits your style and aptitude you may forget this payment and be careful in future.

Your purpose is achieve some handle on the company so that company yields and disburses the payment even if by some ex gracia.

Company may not like to be trapped by labor officials and be penalized.

Dealings with such employers is like game of chess.In today's world employee should learn it and be Master of the Game.


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