In a private organization "ABC", to EPFO data my "Date of Joining" is "27/03/2017", however in month of July 2019, the company told us that due to internal restructuring, it is going to change its name and signed an official letter (which they not let us read, just told to sign everyone), then from very next month my EPFO account was updated and my last company- "ABC" "Date of Exit" was updated to "31/07/2019" and with the new company name "XYZ" my new "Date of Joining" was "01/08/2019". After a few days, we came to that companies do this stuff to avoid paying Gratuity for employees completing 5 years. We asked HR about this but she/any other official not responded to us clearly. At present I'm in the same organization "XYZ" earlier known as "ABC", I have completed 5 years, 9 months, am I eligible to get a gratuity amount when I resign?

The company has not provided us with any offer letter/pay slip, but the pseudo name by which the company enrolled us at a time in 2017 is still the same on the official system.
Can anyone please let me know what to do??

From India, Pune


Just wondering how come you signed the " official letter " without reading the content of it. As per your statement it seems your employer marked exit date for Company ABC and showed as new employee for Company XYZ. They took a signature from you which you signed without reading what is what.

The employer should have considered your DOJ as old DOJ with Company ABC for the purpose of Gratuity. Now that they have restructured everything tactfully the probability of you getting Gratuity is remote. However you can defend by presenting the fact with concerned Labour Authorities. However the question of Gratuity comes after resignation only. Now that you are continuing with your employment you may make a request to your employer to consider your DOJ as old one for the purpose of Gratuity.

From India, Madras

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