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Dear Sir, I have completed five years with two different employers, continuously working as a principal employee (Company) without any breaks. As a principal employee, would I be entitled to receive gratuity or not? The details of my employment are as follows:

1st: 13 Aug '18 to 30 Nov '21
2nd: 01 Dec '21 to 14 Aug '23.

Please advise me on this matter.

Thank you.

From India, Gurugram
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Employee Transfer Between Companies

When two different companies are under the same management and employees are asked to work in both, they are generally deputed to the second company while retaining their roles in the first company. If they are transferred to the second company with a change in roles, they need to adhere to the understanding established at the time of the shift.

We have implemented this for one of our employees by asking him to resign from Company A and join as a fresher in Company B. However, the agreement was that he would have continuity of service, meaning the services he rendered in Company A would also be considered for all terminal benefits upon leaving. There are no hard and fast rules; it is at the discretion of the management and the understanding between the management and the concerned employee. Some companies may also have a policy on this.

From India, Madras
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