Am I Eligible for Gratuity After 7 Years Across Two Sister Companies? Seeking Advice

Hello, When I joined a company in September 2016, the company was IT Services Pvt Ltd. In that company, I didn't have a PF account. Later, when I decided to take PF, they transferred me to another company named IT Solution Pvt. Ltd. in August 2019.

So, in my first company, I served for 3 years (without PF) starting from September 2016. In the second company, I served for 4 years (with PF) starting from August 2019.

However, when I resigned, they provided me with a gratuity form, and I also received an offboarding email where my joining date was mentioned, which is the joining date of my first company. It was clearly stated in the email that I served for 7 years.

Based on this information, am I eligible for gratuity? Please advise.

If both companies are under the same management, your service would be considered continuous even though there is a break in between, and that break is just a technical one. Actually, there was no break, I believe, but it was a transfer from one company to another under the same management.

Moreover, since the employer has issued a gratuity form (I believe it is Form I to be filled in by you and handed over to them or Form L, an order of the employer directing you to collect the gratuity mentioned therein), you can obtain it. It shows a positive attitude from the company that they have not misused the break to deny you gratuity.

You are eligible to receive a gratuity amount for 7 years as per the Gratuity Act.

They have given you a gratuity form, which means they intend to pay you gratuity. So, what exactly is the problem you have?