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Jyoti Bangera Mahadik (Admin & HR)     07 July 2016

Eligibilty for the gratuity

My friend was working with one of the reputed company XYZ commodity exchange which was anchored by another big company UVW, on a third party payroll, He was under ABC company since 15th October, 2010. Then from 1st Jan, 2014 the company (XYZ commodity exchange) tranfered his employment to the Company EFG (still under third party payroll). He worked till 30th September, 2015 as the XYZ Commodity Exchange was shut down. Please note the HR was handled by Company UVW which is still running.

Please let me know if my friend is eligible for Gratuity, as he has worked at a stretch from 15th October, 2010 to 30th September, 2015 (i.e. for 4year 11month and 15days) with XYZ company, althought the company paying him salary was changed (i.e from ABC to EFG) in between by the XYZ Company.

If yes, whom should he approach XYZ, ABC or EFG company?

 



Learning

 1 Replies

Kumar Doab (FIN)     07 July 2016

Did he resign from ABC on or before 1st Jan, 2014?

Did ABC issue any order of deputation/secondment to other company?

If he remained employee of ABC upto  30th September, 2015 (i.e. for 4year 11month and 15days) then your calculation is correct and he is eligible.

Else al docs on record need to be examined for a considered opinion.

You may approach a very able counsel specializing in Labor/service matters.


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