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Deal All HR professional,
One of my friend has joined XYZ company before 6 years
First company was not registered and before 1 year company got registered ID and company name has been change to PQR pvt. Ltd
my friend resigned that company and claim for Gratuity amount. but company replied that you have completed only 1 year so not eligible.
Company offer new offer letters and DOJ was before one year. he have old offer letter also in which DOJ is before 6 year. but company told that company name has been changed and registered as PQR pvt ltd.
Is there any legal process to claim gratuity amount in such case???

Dear Rakesh ji,
The company PQR Pvt Ltd. is registered under ROC and commenced its business since one year. This company is having a separate entity and therefore, by law, it is not liable to pay gratuity in given case unless there is an agreement for continuation of service with earlier employer.

Dear Rakesh ji,
You can not say that the employer is same. The reasons:
1. Legal entity of present company and previous one is different.
2. The present company is run by Board of directors and previous one (not mentioned by you) may be by proprietor or partners.

I support the views of Mr Korgaonkar. The same business is continued, by the same people, but the legal title is changed. It is a totally new organisation.
Hi,
I would suggest you should check the appointment letter of your friend with with XYZ Co, does that says about the gratuity payment. I am sure since the company was not registered with ROC, it must not be covered under the gratuity act for the first 5 years. And after getting registered under ROC would have been eligible for the gratuity payment to employee worked with them for 5 years with the registered company PQR. Hence i doubt your friend can claim the gratuity amount.
Regards
Swati

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