Merged Company Dilemma: Can I Get Compensation Without 5 Years of Service?

Dear Seniors & members,

I am working with an MNC that has merged with X company. Now, we are under the umbrella of X company. However, my old company has asked us to resign as almost all the employees have already done so. In my case, I have not completed 5 years of service. Despite this, I have to leave the old company without any benefits. Is there any remedy to receive compensation for this situation?

According to me, you should not resign but instead consider requesting a transfer. Please find out what will be your Date of Joining (DOJ) with the new company. It should be the same as when you joined X company. This way, the Gratuity facility will be applicable to you if you complete your 5 years at X company. Otherwise, if you resign, you will be treated as a new employee.

Thank you.

The same topic has already been discussed by a member here; therefore, I would like you to please visit the weblinks posted below. Read carefully, and you'll get your answers for sure.

Clause No. 7 (A) in the Attached Document

Before this, I want you all to please have a look at Clause No. 7 (A) in the attached document "Mergers & Amalgamations under the Companies Act, 1956."

- [Applicability of Gratuity if there is a change in management](https://www.citehr.com/215279-applicability-gratuity-if-there-change-management.html)
- [What is gratuity act in merging acquisition of two companies](https://www.citehr.com/55167-what-gratuity-act-merging-acquisition-two-companies.html)

Regards