Hi, if a person goes out for one month by resigning the job and rejoined after one month will it be takes as break in service for gratuity calculation ? kindly answer. Thanks.
From India, Madras
From India, Madras
Dear Shoba,
Hi,
As per gratuity act an employee is eligble for gratuity is 5 years of uninterupted service in an organization.
As you mentioned that employee had been resigned and re joined after a month, hence he is not eligible for gratuity and requires to serve 5 years continously from day of rekoining.
Hope this clarify your concern.
Thanx
Amjad Ansari
Hi,
As per gratuity act an employee is eligble for gratuity is 5 years of uninterupted service in an organization.
As you mentioned that employee had been resigned and re joined after a month, hence he is not eligible for gratuity and requires to serve 5 years continously from day of rekoining.
Hope this clarify your concern.
Thanx
Amjad Ansari
By Continuous service is meant service of 240 days in a year. Therefore, if during the year in which he resigned and was allowed to rejoin service he had worked for 240 days, the same year will be considered as continuous service along with other periods. Therefore, just with one month's break in service one may not lose his eligibility to get gratuity.
The logic I have observed in the above is that if the service of the employee had been poor the employer would never had allowed him to rejoin once the employee resigned and was relieved. Therefore, there is nothing wrong in regularising the service of such an employee and pay him whatever benefits to which he is entitled by statute when he leaves later. If the employer is so particular that he should not be given the benefits, do not allow him to rejoin.
Regards,
Madhu.T.K
From India, Kannur
4193The logic I have observed in the above is that if the service of the employee had been poor the employer would never had allowed him to rejoin once the employee resigned and was relieved. Therefore, there is nothing wrong in regularising the service of such an employee and pay him whatever benefits to which he is entitled by statute when he leaves later. If the employer is so particular that he should not be given the benefits, do not allow him to rejoin.
Regards,
Madhu.T.K
From India, Kannur
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