Brij Mohan Vashist
My organisation started as a proprietorship in 2013, later the proprietor formed a company in 2015.
I have been working since the beginning of proprietorship & have resigned in july 2022. Would my gratuity be applicable from 2013 or2015 ?

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Abhishek-dhingra1
Labour Law Advisor And Legal Consultant
Brij Mohan Vashist
Finance Manager

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Madhu.T.K
3725

For the purpose of calculation of gratuity the changed constitution of the organisation will not be considered. Therefore, your eligibility will start from the date on which you have joined the initial organisation
From India, Kannur
abhishek-dhingra1
2

I agree with you Mr. Madhu but also in addition it has to be seen that during the proprietorship period there are 10 or more employees in the firm or not.
From India, New Delhi
Madhu.T.K
3725

For coverage of any Act, the qualifying number of employees during the last 12 months only needs to be considered. therefore, even if the number of employees when the company was a proprietorship was less than 10, the establishment wil be covered provided the number has become 10 during the last 12 months.
From India, Kannur

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