Could anyone please help me with the gratuity? I have served a company for 2 years and 6 months. The company was later sold to another company, and I continued to work for the new company for an additional 3 years. In total, I have served for 5 years and 6 months. Although the processes were the same, the company title changed.
When I leave the company, am I eligible to receive gratuity?
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When I leave the company, am I eligible to receive gratuity?
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Gratuity Entitlement After Company Transfer
When a company is transferred from one to another by means of sale, if the transferor does not settle the accounts of the employees as of the date of sale/transfer and there is no mention of the employees, the buyer or transferee becomes the successor-in-interest for the liabilities of the transferor. Therefore, employees who continue in the service of the company after its transfer are entitled to continuity of service and all attendant benefits arising from it. Hence, the poster is entitled to gratuity for both the services rendered cumulatively under the transferor and the transferee when they leave the company.
From India, Salem
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6108When a company is transferred from one to another by means of sale, if the transferor does not settle the accounts of the employees as of the date of sale/transfer and there is no mention of the employees, the buyer or transferee becomes the successor-in-interest for the liabilities of the transferor. Therefore, employees who continue in the service of the company after its transfer are entitled to continuity of service and all attendant benefits arising from it. Hence, the poster is entitled to gratuity for both the services rendered cumulatively under the transferor and the transferee when they leave the company.
From India, Salem
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Difference Between Sale of Company and Sale of Business
I hope you are aware of the difference between the sale of the company and the sale of the business.
The sale of the company means that the shares of a set of shareholders are sold to another set of shareholders. The company, being an independent judicial entity, continues to remain the same even if the name is subsequently changed.
In that case, you will be eligible for gratuity.
From India, Mumbai
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I hope you are aware of the difference between the sale of the company and the sale of the business.
The sale of the company means that the shares of a set of shareholders are sold to another set of shareholders. The company, being an independent judicial entity, continues to remain the same even if the name is subsequently changed.
In that case, you will be eligible for gratuity.
From India, Mumbai
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf