Is My Company Avoiding Gratuity by Changing Names? Seeking Advice on Next Steps

In a private organization "ABC," my "Date of Joining" in EPFO data is "27/03/2017." However, in July 2019, the company informed us that due to internal restructuring, they would be changing their name. An official letter was presented for signature (without allowing us to read it), and following this, the next month my EPFO account was updated. Subsequently, my last company, "ABC," had its "Date of Exit" changed to "31/07/2019," and with the new company name "XYZ," my new "Date of Joining" was listed as "01/08/2019." After some time, we discovered that companies undertake such actions to avoid paying gratuity to employees who have completed 5 years of service. Despite raising this concern with HR, there has been no clear response from them or any other official. Currently, I am still within the organization "XYZ," previously known as "ABC," and I have completed 5 years and 9 months. Am I entitled to receive a gratuity amount upon resigning?

The company has not issued any offer letter or pay slip to us. The pseudonym by which the company enrolled us back in 2017 remains the same in the official system. Could someone please advise on what steps to take?

Hi, just wondering why you signed the "official letter" without reading its content. Based on your statement, it appears that your employer indicated your exit date from Company ABC and portrayed you as a new employee for Company XYZ. They obtained a signature from you, which you signed without reviewing the details.

Gratuity Concerns
The employer should have acknowledged your Date of Joining (DOJ) as the old DOJ with Company ABC for Gratuity purposes. Given the strategic restructuring they have undertaken, the likelihood of you receiving Gratuity seems low. However, you can contest this by presenting the relevant facts to the Labor Authorities. It's important to note that Gratuity discussions typically arise post-resignation. Since you are still employed, you may consider requesting your employer to recognize your original DOJ for Gratuity calculations.

Thank you.