I have a query regarding Gratuity.
An employee is working in road Infrastructure Company. He completed 5 years of his job he joined the Company in July 2013. When he resigned, He demanded his gratuity and experience certificate for the tenure he served for the company (More than 5 years). Company management denied his request by saying that he served initially 2 years in the subsidiary/SPV company of theirs and then he transferred into parent company so his tenure of 5 years is yet not completed because he worked in two different companies and he will be given two different experience certificates one is from SPV company and the second one is from parent company.
Employee challenged their statement by saying that:
1) He was issued appointment letter on the letter head of parent company. So they canít put his name in subsidiary company without his consent and intimation. Company did so in a fraud and cheating intension.
2) He was paid cash payment on combined sheet of employees and no salary slip was given to him. His deducted PF was submitted in the PF code of subsidiary company about which he was not aware and nobody intimate him.
3) The registered address of subsidiary company and parent company is same. Directors of both companies are same. Parent company hold 100% equity shares of subsidiary company during all the tenure of existence of subsidiary company. They canít deny that the ownership of both company are same.
4) Subsidiary company dissolved in parent company in Nov. 2017 after completion itís project. If any old liabilities comes on the name of subsidiary company that also goes to the parent company.
Is this claim of employee is right and if it is so then under which acts he can lodge a complaint against company? or the company is succeed in manipulating the employee?
From India, Indore
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