Gratuity for layoff employees due to close down of projects - CiteHR
Vmlakshminarayanan
Sr.manager - Hr&admin
Ahamed19
It Engineer

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Hello ,
I have 6.9 years experience in the same company but company has changed its name in the middle for 2 times ,As per official records of company registration shows that they are under 5 year old company but i have offer letter and other things in old name of the company. Am i eligible for gratuity ? .like me another 2 peoples waiting to get gratuity for 8 and 9 years services .
Now they claims that they are under 5 years old company and rejecting the claims or ready to pay half of the amount .
Give us best possible way to approach this .

Hi,
At the time of shift to company under new name you should have asked for continuity of service certificate.
You question is not elaborate as to whether there is a change in statutory coverage (like PF number /ESI number) or continued with same number from beginning.
What was the total number of employees from the begining.
Whether new appointment order was issued when there was a change in the company name.
Whether they advised you to submit resignation and relieved from the services of the old company name ?
If not then I think you can request for Gratuity by mentioning the total period of service. Please attach copy of initial appointment order / copy of extension letter / copy of confirmation letter which ever is applicable. In case of delay or if it is refused by your employer you may file a case with ACL of your employer jurisdiction who is the controlling Authority as per the Act.

Thank you so much sir for helping when we need it badly in critical situations.
As per our knowledge they didn't deducted PF /ESI earlier from salary , only they started to deduct only after registration in the new name which under 4 years 3 months old now.
What was the total number of employees from the beginning - More than 10 employees
Whether new appointment order was issued when there was a change in the company name - No didn't issued any appointment order or any letter
Whether they advised you to submit resignation and relieved from the services of the old company name ? - No ,we haven't given any update or any form of letter for this change . They didn't asked to submit any form of letter .
Only information we got was Company was registered in US as Inc so they are changing to Pvt in India as per noms .

Hi,
As per the details provided by you, statutory deductions were effected only after registration of the new company and your employer will defend that Gratuity is not applicable as service period is less than eligibility criteria as stipulated by the Gratuity Act. Still you may make a request for Gratuity with proof of evidence for employment from beginning and if refused file a case with ACL as advised earlier

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