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I joined a limited company on 12/08/2013, and my last working day was 31/03/2019. In July 2017, I was transferred to another company within the same group, and a transfer letter was provided, stating that my service continues from 12/08/2013 (DOJ). In July 2018, the second company changed its name, and I was promoted. However, the letter from the new company did not mention any details regarding the appointment date considered from the date of joining (DOJ).

Eligibility for Gratuity

Am I eligible for gratuity? What process do I need to follow to claim it?

From India, Jalalpur
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nathrao
3180

Change of name will not curtail the liability to pay gratuity. Gratuity entitlement comes up only when you leave the company. Any idea why company has changed its name?
From India, Pune
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. (1 Acknowledge point)
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  • Aks17
    119

    As mentioned by the learned member, the gratuity becomes payable upon your exiting the company in this instance. Whatever may be the idea behind changing names every once in a while by your employer, you should try to send an email asking for the gratuity payment and the other formalities that need to be completed. Be courteous and try to exit in a diplomatic manner. If there is no indication of any payment coming forth after the due period of one month after your exit, try to send another letter/email asking for the process being taken up and the likely payment time. Make sure to keep all your correspondence on record just in case. The ultimate resort would be to intimate and go to the labor officer locally and take up the issue along with the details.

    Thanks and Regards

    From India, Hyderabad
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    Change in the name of an organization or its constitution is a mere cosmetic change, and such a change, ipso facto, cannot have any adverse impact on the existing service conditions of its employees. The Companies Act doesn't have any such classification of the registered companies as "group company," though such a term is loosely used to denote independent units of business entities under one and the same business house, like the Tata, Birla, TVS groups, for the sake of common identity and image promotion.

    Coming to the periodic attempt of changing the name of a particular unit by the management, it is a valid point to ponder over as a measure of precaution from the perspective of the continuity of services of its employees. Better keep all the documents relating to your employment intact and in order. Do not yield to any pressure for resignation letters whenever such a name change occurs.

    From India, Salem
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    The views given by senior members of the forum are valid, and a change of name will not curtail the liability to pay gratuity.

    As a responsible person, you need to keep all these documents for future use and reference if anything wrong happens.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. Keeping all relevant documents for future reference is indeed a responsible practice. Thank you for sharing your insights. (1 Acknowledge point)
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