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Gratuity

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This query is : Resolved

pradeep.c (Querist)

09 March 2013 Mr.X was an employee of xyz enterprises.Later during the period of 2008 xyz enterprises was converted into XYZ PVT LTD.The total period of service rendered by Mr.X in XYZ enterprises and XYZ PVT LTD in aggregate exceeds 5 years.
Further XYZ PVT LTD is registered under shops and establishment act and has not completed 5 years of incorporation

Is xyz pvt ltd correct in paying gratuity to Mr.X considering the period of 5yrs(in both )
Mr.X has retired.

Santosh Mishra

Santosh Mishra (Expert)

09 March 2013 Yes, it is correct. Person has complted five years in total with same employer.

CA Prashant Gupta

CA Prashant Gupta (Expert)

09 March 2013 converstion of entity status doesn't effect gratuity rules
5 years service is complete
when a firm is converted in to company then it is assumed that it is same for all legal cases and requirements
So 5 years has been completed

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