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satish dewajwar   28 December 2017

Gratuity and multicompany firm process

Respected sir, My Name is Satish Madhukar Dewajwar , I have join a private limited company (construction base) on 07.07.2016 after that they transfer to me another their firm on 01.04.2011 i have transfer later so i am working in another company as my company transferred but my job is continue under one group of multicompanies but now in in December 2017 my company transferring again me in first company but they want my resignation and also they dont want to calculate first company as continue period for graduity so please help me what to do. My service period is 11 years with both companies but company calculating Gratuity from 01.04.2011 so please help me what to do and why need this time appointment letter and resignation later i dont no to transfer previous company.


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 5 Replies

Ritesh Maity (Labour Law Advocate)     28 December 2017

The company is asking you to resign so that your continuinty of service is broken. If there is no continuity of service, you will be deprived of many benefits including gratuity. If you want to avail the benefits of continuity of service, DO NOT resign.

satish dewajwar   30 December 2017

Sir, I joind my company on 07.07.2006 and transfered me (not given resignation) to another company on 01.04.2011 under same group but now company calculating gratuity in break period (my gratuity not calculating current basic x all 11 years) they calculating current basic x 5 years current period and old basic x old company period I want to calculate them my gratuity current basic x all 11 years because i have not yet given resignation and they only transfer me from one firm to another firm under same group...........so please tel me am i right or wrong?

Ritesh Maity (Labour Law Advocate)     30 December 2017

Last drawn basic + DA are to be considered for the purpose of calculating gratuity.

satish dewajwar   01 January 2018

Respected Ritesh Sir, If my Company put pressure on me to resin current job and receive appointment letter of other company even not given any confirmation letter (for job security for future) What should i do now i have not any company given appointment letter also........... but i have company ID card with joining date and transfer letters..........please tel me legal point if company put me pressure what solution is as per labour law and what should i say to my company to solve this matter in my favour. Please guide me what should be my next step?

Ritesh Maity (Labour Law Advocate)     02 January 2018

What do you exactly mean by "company is putting pressure"? Are they threatening you with dire consequences, physically and verbally abusing you? If yes, then go to the nearest police station and lodge a complaint.


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