Dear sir,
It is understood that If the employee is working in company having nos of employees less than 10, then the employee is not applicable for gratuity. But if the same company has sister companies and the employees altogether exceeds 10 nos. of employees having same owner then, whether the gratuity is applicable to the employees who has completed the 5 years of his services in all the sister companies ?
regards
Uday
From India, Thane
It is understood that If the employee is working in company having nos of employees less than 10, then the employee is not applicable for gratuity. But if the same company has sister companies and the employees altogether exceeds 10 nos. of employees having same owner then, whether the gratuity is applicable to the employees who has completed the 5 years of his services in all the sister companies ?
regards
Uday
From India, Thane
Colloquially used terms such as "group company", "sister company" to denote commonality of ownership of different business entities have no statutory force nor any legal recognition. Each and every such organization would be a separate legal entity and as such labor laws which have numerical criterion of employees of such an entity for application purpose would be independent of its ownership. Even if such different units engaged in the same business are located under a single roof ( It is the ubiquitous method adopted by textile shops, jewellery shops etc.,), it cannot change its character of independent unit for at times truth is stranger than fiction.
However, the employees of such establishment should prove that their services are invariably used among such different establishments owned by the same individual for circumventing the application of labor laws like P.G Act, EPF Act etc.
From India, Salem
5967However, the employees of such establishment should prove that their services are invariably used among such different establishments owned by the same individual for circumventing the application of labor laws like P.G Act, EPF Act etc.
From India, Salem
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc