Gratuity commitment
Arun
(Querist) 23 July 2015
This query is : Resolved
Dear Sir,
I have been working in company for the last 10 years.
I was employed in 2005 in one company in Nov 2014 they have sold the business and employees to another company from there they are transferring us to another company.
In all these they have not settled our Gratuity or leave balances. But they are mentioning in the transfer letter that all the benefits are transferred to the new company.
Kindly let me know is this legally valid.
Kumar Doab
(Expert) 23 July 2015
From your post it seems to be takeover with 'stock,flock and barrel'.
Apparently the said letter is issued by the past employer in 1st transfer in 2014 and current transfer in 2015.
In case you have some apprehensions you may verify in writing from the current employer i.e. the one in 2014 and that is in 2015...............
You can also ask to provide the Gratuity a/c number if Gratuity fund is managed by LIC and check online.....................or thru your personal efforts with P&S of LIC.
If you feel reluctant to proceed on your own all of you may form Employees Unions/Works Committee/IC/GUILD and affiliate with trade Unions and let the union make the inquiries .....................
Or you may inquire thru Inspector appointed under Shops &Estbs Act, Labor Inspector etc...............
Vijayarajan
(Expert) 24 July 2015
The change of ownership shall not effect the eligibility for Gratuity, It has been settled by Law.. But the employee and the Unions, if any have to confirm the point at the time of transfer so the a lot of legal steps can be avoided in future.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
The experts have suggested the steps to be followed in this regard, you may initiate the process and if the information furnished by the erstwhile employer seems to be incorrect, you may adopt the legal measures to recover the gratuity and other pending benefits.
