Anonymous
Dear Sir/Madam,

Kindly let me know what happens to employees who have completed a tenure of 4-5 years in a partnership firm which later dissolves the company and forms a new private entity. What happens to the Gratuity benefit, etc., of such old-tenured employees?

From India, Mumbai
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so long the company keeps it identity from partnership to private limited name, the gratuity benefits has to continue. but if the company changes its name then there is no question of this benefit.
From India, New Delhi
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Anonymous
Dear Sir,

Thank you for your valuable and expert advice. I am reconfirming the same: if the company name was XYZ Co. (partnership firm) and now, since 2013, it is known as XYZ Co. Pvt. Ltd., will the gratuity benefit continue for the old employees?

Thanking you.

From India, Mumbai
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nathrao
3251

There is a procedure laid down for converting a partnership into a private limited company. If the procedure is followed and all assets and liabilities are transferred from the partnership to the company, then gratuity can be claimed. [Procedure for Conversion of Partnership firm into company](http://taxguru.in/company-law/checklistprocedure-for-conversion-of-partnership-firm-into-a-company.html). However, if the partners want to evade responsibility towards gratuity, loopholes are there.
From India, Pune
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Gratuity is payable only if an employee completes 5 years of service. Once an employee has become eligible for gratuity, then the liability will continue whether it becomes a Pvt Ltd company at a later stage. Even if the name is changed, there are chances that the employee can claim.
From India, Bangalore
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