Eligibility for Gratuity

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Baala (Querist)
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19 December 2010 Dear All:

I am Baala. I work for a chennai based IT company as a middle level manager. I am currently based out of Bangalore, but we don't have an office or establishment here and I work from home and still on the rolls of Chennnai only.

I joined this company on 28th Dec 2004. Between the period 28th Oct 2008 & 4th Apr 2009, I was posted in the Middle East (which was a transfer to ME payrolls) and hence I was given a full and final settlement here. It is the same establishment, I just moved to its middle east office.

When I reported back to India on 5th April 2009, my emoployee id got changed. I requested them to use my old PF account itself.

Now, I have tendered my resignation and shall be relieved most likely by 30th of Jan, 2011.

Am I eligible for Gratuity here...If so or otherwise please elaborate. Please let me know if there are any case in this like won before in India.

Rasesh

Rasesh (Expert)
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19 December 2010 It would depend on the management policy. Ideally your change in payrolls should have been considered with continuation of service and should be considered as eligible for gratuity.

Such cases are common in cases of companies that have undergone changes due to mergers, or do off-shore activities.

Baala

Baala (Querist)
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30 December 2010 Thank You Mr. Rasesh.

If such cases are common, is there any board or forum that addresses issues like this.

I am told by my finance, that, since my employee number is different, they cannot do anything and it will not be considered. With the technology we have today, they should not have a issue in doing that....

Is there any other source that will help here?

Regards
Baala

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Rasesh

Rasesh (Expert)
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30 December 2010 There is no forum or board for such matters. These matters are basically internal matters between the Company and its employees.

It is only if your seniors can help you in the matter.