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R.Ananda Kumar   26 November 2017

Grauity clarification

I joined the org 03.07.2013 this date till 31.08.2013 pre opening staff then appointment letter issued from 01.09.2013. I working till now 03.12.2017 they will transfer me (same sister concern and same group also). from 04.12.2017. But what they said owners is same but our company name is different (like you worked partnership but we transfer pvt. Ltd), hence, we will not give the continue service to you, so, you not eligible for the grauity. Dear expert, kindly advice to me, 1. i am eligible for grauity or not, 2. why they have avoid continue service 3. First Two month pre opening period also consider for grauity calculation or not 4. If i accept this condition i lose my service period 4 yrs and 6 month. Kindly advice


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 6 Replies

R.Ramachandran (Advocate)     26 November 2017

1. If the partnership Firm in which you joined, do not want to keep you any more in the partnership Firm, then you cannot do anything about it.  As you would have served less than 5 years in the partnership firm (3.7.2013 to 3.12.2017), you are not entitled to any Gratuity.

2. It is your choice, whether to join the Private Limited Company or not from 4.12.2017.  

3. A partnership Firm is a different entity and a Private Limited Company is a different entity.  Just because the ownership happens to be the same, does not mean that you will be able to count the service rendered in a partnership firm, in the Pvt. Ltd. company.


R.Ananda Kumar   26 November 2017

Thank for you quick reply

R.Ananda Kumar   26 November 2017

Thank for your quick reply

Ritesh Maity (Labour Law Advocate)     29 November 2017

1. i am eligible for grauity or not,

If the continuity of your service remains intact, you will be entitled to gratuity.

 

2. why they have avoid continue service

They are doing so that your contunity of service becomes obsolet and you no longer can claim certain benefit including gratuity.

 

3. First Two month pre opening period also consider for grauity calculation or not

Your first day of joining will be considered for the purpose of calculation of gratuity.

 

4. If i accept this condition i lose my service period 4 yrs and 6 month. Kindly advice

Yes.
 

M.S.R.Murty ( Manager (Admn))     30 November 2017

Dear Sir,

If you are working in Group Companies Office then are eligible for continuity of service and gratuity. But if are working in one of the group companies and if they change company nominclature then  you are not eligible and can not claim continuity in service. Question of  Whether it is Partner ship concern or Limited company is immeterial here. 



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