Dear All, Would be grateful to get some insight over the below situation. Was hired by the Organization March2011 to April 2019 when i resigned as Client Relationship Manager. When i was hired the company name was XXX and ( X ) was the Director of Operations. During my tenure the company changed its name around 2015 with same nature of Business and management ( X ) as Director of Operations and new Business Partner as (Y).
Now the company is stating both the companies are different and i'm not eligible for gratuity. As the company owners were Different. And they are showing me the MCA record that XXX was registered under the Name of same YYY (X) Director of Operations in JULY 2013 with 2 other partners but with Different CEO of the Company. Now they are saying im not eligible as the company you were hired for initially closed its business of BPO in 2014 and you were hired with XXX with different owners for same nature of Business. Now i have completed total of 8 years with same Operations Director and i have not info or was given any new appointment letter from new company.
So what can be done in this case ? Kindly suggest. [Admin Edited - company/individual names not allowed] 30th April 2019 From India, Delhi
The contention of the Management is not correct. The sailors may change but the ship goes on is equally applicable to a business entity when there is change in its ownership. If the earlier Company was deemed to have been closed consequent on the addition of new partners and change of its name, under whose authority the existing employees like yourself were permitted to continue their services? Whether any fresh appointment orders were issued in the modified name of the Company? Was there any break in the services of the employees due to the change in the composition of the Management? Whether there was any break in the business operations of the Company during the period/process of change in ownership? Such factual and legal questions need to be answered by the Management for denying your gratuity on the ground of change in ownership. Therefore, better engage the services of a Counsel and send a formal notice for gratuity under the Payment of Gratuity Act,1972 to the Company immediately. If no reply is received within the stipulated time or the claim is refuted on whatever grounds, file a formal claim for gratuity together with interest for the entire period of default before the Controlling Authority under the Act for the area. 30th April 2019 From India, Salem
Thank you so much for your response.. I have given the form I today as 30th April was my last day.. How long should I wait before filing an official complaint.
And are those below your contact number ? 2nd May 2019 From India, Delhi
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