Dinesh Divekar
Business Mentor, Consultant And Trainer
Partner - Risk Management
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Insolvency N Gst Professional
S B Pandey
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Since few days ago my previous company terminated few of the employees due to cost cutting.
I have completed 6 years and 4 months in that company so I asked for my gratuity to management.They said they will inform me later after concerning with their charted accountant.
After few days,I again asked for my gratuity matter.They denied to pay my gratuity for below technical reason.
"CA said that I have worked for two different companies:
1. XYZ Solutions (from my joining month Apr 2009 to Dec 2011)
2. XYZ Software Solutions LLP (Since Jan 2012 to June 2015 which was my terminated date)
So, legally I have not worked in a single organization for 5 years."
Company founder is the same person for both the companies.
They also not provided me offer later & appointment during I joined.
They have provided me appointment later on 30th June 2015.
Is company gave the valid reason for gratuity?
Please guide me to get my gratuity beneifts.
Anykind of help will be great appriciates.

From India, Valsad
if your directors are the same in both the companies, you are eligible for gratuity for six years of service in both the companies. hence you may prefer to lodge a complaint to labour officer of your area for claiming gratuity. company cannot deny gratuity on the pretext of worked in different companies. if you had list of directors of both the companies, you can attach with the complaint and mention the same.
From India, New Delhi
Gratuity is a welfare legislation.
Laws generally get interpreted to ensure payment.
Considering that both the companies are of same management,they cannot get away saying you worked with two companies and it is lesser than 5 years.
Talk to company,put in writing.
If still no response,go to Labour Commissioner of your area with written complaint.

From India, Pune
Dear Jitesh,
Other learned members have given their opinions. However, my post is for different reasons. You have given subject heading as "Liable for gratuity or not?" I have changed it to "Eligible for gratuity or not?"
For info.
Dinesh Divekar

From India, Bangalore
you are definatily eligible for gratuty because working in different compnies having same management does not effect the service period of employee in different part
From India, Faridabad
Hello kumaracme,
Thanks for wonderful reply.
I don't have directors list.How can I get that list if you know any way?
My owner/boss is same for both above mentioned companies in a thread.
Actually my owner/boss deposited money in our salary account.
Is both companies bank account(s) have same owner then it's beneficial to me somehow to know the director/owner?
I have also form 16 for both companies.Is some details mentioned in form-16 is someway useful to me? So I can prove that management is same.
Thanks & Regards

From India, Valsad
If it is true as you stated that you worked under two different companies both legally separate with less than five years service in each company,then you are not eligible for gratuity.The position i s different if you can prove that both companies are same legally.
From India, Thiruvananthapuram
Is your company a private ltd/public ltd company or is a partnership??
Does your company publish any annual report etc?
You will have to do some home work of checking who is running the company,what type of company were both of them.
IF you get correct information,then chances of claiming gratuity will increase.
Many owners play all these tricks to avoid gratuity,PF etc.

From India, Pune
The other important aspects how the LLP was actually formed.
If the LLP was formed by converting all taking over the proprietorship firm, then the entity is the The same although the constitution has changed. In that case you're working of both the firms really constitute a single entity and you will be entitled to graduate.
However, if the LLP was form as an independent entity not connected with the previous business, or if the proprietor ship has continued its independent existence after the LLP was formed, you would not be eligible for gratuity
Since you can do not get the details required about, the only way out for you is to speak to the authority under gratuity act and file a complaint. The company would be required to present the details to him. If you are eligible, he will ensure that you get your dues

From India, Mumbai
Dear Jitesh Ji, you are well aware that gratuity is paid to an employee who has completed 5 years of service in a company. May be you have worked in the organization for more than 6 years but it should be in writing. When yourself itself indicating having received appointment letter on 30th June,2015 then how r u eligible for gratuity is not under stood.
From India, Lucknow

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