superannuation and gratuity fund
Rohit
(Querist) 17 December 2010
This query is : Resolved
HI All,
plz let me know the benefits and implication of forming a trust. How it is formed and where it is registered. what and upto what extent Company forming the trust is reponsible in the wake of the fact that trust is a seperate entity altogether and who is answerable for trust works
plz substantiate your views with applicable laws also
waiting to hear from all of you
thanks
Rohit
(Querist) 18 December 2010
thanks a lot
Have one question and i am sure would get reply on this as well
Questions on Gratuity
1..An employee is working in India in a company for 2 years and the same employee is being deputed offshore with teh same company of course and he completes 3 years there. Now can he ask for gratuity?? Yes or No, plz answer or in other words, the social welfare laws will be applicbale to him for a period of 3 years means whether his PF etc would be deducted??
2..If a company say bbb is being taken over/merged by CCC, who will be responsibel to pay gratuity for teh employees working in BBB, will it be BBB or CCC or does it depends upon hte agreement between the two companies
and if CCC company play smart and ask the employees of BBB that now you guys are on my payrolls and hence you would be given a new appointment letter and hence you will not be liable for gratuity and then in this case, will the company CCC will be rihgt in doing so and what are the remedies availaible to the employees of BBB who due to new appointment letter has not become employee of CCC
3...A company who decides to wind up/insolvency, can an employee working in that company for more than 5 years ask for gratuity and can file a case in a court of law as a debt payable by the said bankrupt company
Rohit
(Querist) 18 December 2010
employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
one more doubt i have, please find above the definition of the employee as given under gratuity act, this says that the govt employees are not covered under this act, plz let me know if this is the right interpretation??
