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Sanjay Sharma (XYZ)     10 March 2012

Tricky query

Dear (Hon) Members

I am presently working with a company , I started with them on 2002 so for 6 year i was under Salried employee and after that since last 5 year on my request they shifted me to profeesional since last  5 year , but i am an employee only

 

Will i be elligbel for Gratuity ? Please explain in detail

 

Regards

Nilesh



Learning

 11 Replies

P.K.Haridasan (Advocate)     11 March 2012

Your details are inadequate to solve your problem

Kumar Doab (FIN)     11 March 2012

Kindly elaborate your query as advice by Mr. Haridasan.

The following is with limited understanding on your post.

You have posted:

--"I started with them on 2002 so for 6 year i was under salaried employee"

If you have worked as an employee and you rendered uninterrupted service for 6 years you should be eligible for gratuity.

--"after that since last 5 year on my request they shifted me to professional since last  5 year"

If your appointment has been terminated by you or by company on record, and your status has changed from employee to consultant/professional then for this period of 5 years you may not be eligible. All shall depend upon your terms and status of association as described in your letter of association.

-"but i am an employee only" If you are an employee and your service is uninterrupted you should be eligible for gratuity.

You joined a company in 2002 so total period till 2012 is at the most 10 years whereas you have mentioned period of 6+5=11 years.

Sanjay Sharma (XYZ)     12 March 2012

What details do you want sir ?

I was given an appointment letter in 2002 as a branch manager since then i have not resigned nor my company have terminated me from my job m it was a verbal communication to convert me to professional in 2007 and since then i am still working with them only

Please suggest

Kumar Doab (FIN)     12 March 2012

Mr. Lal you must believe your own statement "it was a verbal communication to convert me to professional in 2007" as verbal communication shall not alter your status from employee to consultant on altogether different terms of association. Thus you should be eligible for gratuity. You may go thru Payment of Gratuity Act.

Since you are working with employer and you know your employer better than any one else, if you are carrying some apprehensions you may apply your rapport with HR and have a look in your personnel file. Otherwise also you can request your employer to let you examine your personnel file.

 


(Guest)

Dear Nilesh,

 

Your question in response to the query of experts is quite strange. You should expect solution to your problem without providing basic information, including the terms of appointment in 2002 as well as appointment as professional.


(Guest)

Also, do you mean, professional as consultant or advisor?

 

Also whether you are receiving fixed consultancy fee or regular scale of pay or the basic salary along with other allowance due on that?

 

In fact, it is not a tricky query, rather you have made it tricky by yourself.

Sudhir Kumar, Advocate (Advocate)     16 March 2012

What is "Tricky" about the query. Only tricky situation is that you are not able to ask what you want. Expersts above have already given solution on whatever little facts shared.

Sanjay Sharma (XYZ)     23 April 2012

Dear Sir

I have a situtation , me and my wife work with the same company and I was appraoched by a Job consultant and had an personal interview with a competitor company and they offer me a good pacakge and I disclosed in the intervew that my wife will continue working with my previous company and also got it cleared before accepting the offer with the job consultant over the phone that there should not be any problem in future and it was cleared , I resigned from the company and finished my notice period on 21st April and today 23rd April i got call from my new company and now they are saying that i can not join them as my wife is working with a competitor and she have to leave that job if i have to job them , Now i am so confused what to do , I have left a 10 year old job on there offer and now is a big problem

 

Please suggest what shoudl i do

Sudhir Kumar, Advocate (Advocate)     24 April 2012

If you have underestimated the wisdom of the new employer then it is your folly.  NOTHING TRICKY ABOUT IT

 

 

In any case had you joined rival company the previous company would have sacked your wife and they would have been justified.

 

You hae option (i) your wife resigns without promise of job in new company;  option  (ii) you go and beg for restoration before previous company.

 

One thing is sure tht few days you have to be with one salary only.

Kumar Doab (FIN)     25 April 2012

Apply your rapport of 10 years and try for option (ii) suggested by Mr. Sudhir Kumar.

All employers do not employ both husband and wife in the same company. After 10 years you have ventured out and faced a tricky situation. All pros and cons should be evaluated before executing a decision.

Introspect and apply your wisdom.

Sudhir Kumar, Advocate (Advocate)     28 April 2012

There is no point in starting new thread at https://www.lawyersclubindia.com/forum/After-job-offer-company-black-mailing-56301.asp

 

facts are same


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