What Should I do?
My employer in India owns multiple companies, and without my knowledge, they transferred me to their other subsidiaries. I initially signed up with the parent company and did not agree to work for the sister companies. However, they moved me, stating it was for internal management purposes.
Now, after completing a total of six years of service, they are denying my right to claim gratuity. They argue that I don’t have enough continuous service, claiming that I worked for four years at one company and two years at another. Additionally, they state that one of these companies had fewer than ten employees and it belongs to some other person, making me ineligible for gratuity for those four years.
As a result, they refuse to recognize my total experience as continuous service. They insist that since I worked for two separate companies—four years in one and two years in another—I do not qualify for gratuity.
Are they correct? Is this legally possible?
If I challenge them, could it affect my background verification at any point in the future? What should I do?
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seems correct only. You should have simply resigned when they changed your organisation. The EPFO portal should be showing different employer name, so that is a conclusive way to have a take on this
No, they didn't inform us about any of this at the time. Later, when someone discovered the issue and asked about it, they explained that it was only for internal management purposes. They also said, 'If you want to work, please be quiet, or you may leave.'
Now, they are completely changing the narrative. The organization consisted of 50 to 60 members, but they managed us across four different companies, something I only learned after my departure. The Employees' Provident Fund Organization (EPFO) was introduced only a year and a half ago, so there were no proper portals or access options before that.
I know that what they did, and are still doing, is unfair. My main question is: If I speak out against them publicly, will it affect me in the future, particularly in terms of background verification or any other inquiries into my conduct?