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Rupesh Shah
in Civil Law Labour Law
Asked September 04, 2017


  • 1 Answer

I work in a private company since December 2009. They gave me a notice to remove from job with last working day as 30/09/2017 and I am okay with it. This company runs in two names and when I was appointed in 2009 in company A I was after 2013 March transferred to Company B without any appointment letter but my salary and salary slip used to come from Company B. After a year they shifted me back to company A and gave me salary and salary slip from company A. My question is if I am entitled to gratuity for my 8 years of service or not?



Answer 1




Dear Sir/madam,

As per the facts put forth, to be eligible for availing Gratuity – you eed to serve a particular company/payroll for a continuous period of 5 years and not less, where exactly the opposite is happening to you. You need to go through the HR policies of the company once and discuss it with them. Because as per law – Payment of Gratuity Act, a continuous and uniterrupted service period of 5 years is mandatory. While discussing, you can put forth the point of bargain in the form of non-issuance of a fresh appointment letter while every tranfer made. They are ideally bound to issue a fresh appointment letter.

Raising this issue, you can approach and file a complaint with the Controlling authority. He is generally a person with a designation of Assistant Labour Commissioner of the district.


Agree Comment 0 Agrees over 3 years ago

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