res,sir
my date of join 25/6/2002
after 11 month of service employer left for one month only and than recll me.
now since01/6/2009 i m confirm and getting sixth pay
my e.p.f no is gj.13328/308
now i want to that can this type of brek up service can get graduty?
and can i get employee pension?
From United States, Cambridge
my date of join 25/6/2002
after 11 month of service employer left for one month only and than recll me.
now since01/6/2009 i m confirm and getting sixth pay
my e.p.f no is gj.13328/308
now i want to that can this type of brek up service can get graduty?
and can i get employee pension?
From United States, Cambridge
As you are saying , that from 2002 till 2009 , you have a beak for 1month..your are eligible for gratuity , provided you didnt resigned or they didnt gave you any resignation letter., which confirms your continuous service. rejoining is applicable in this matter...as u havnt given any resignation or termination latter, it doesnt say you were out of employement..
Hope seniors over here would clarify it in much better way..
From India, Calcutta
112Hope seniors over here would clarify it in much better way..
From India, Calcutta
Dear Hetal
I also concur with Soumik if the breaks are given to you from 2002 to 2009 for one month after 11 months of service. Technically such breaks cannot be construed as actual breaks- in - service unless the employer passes an order to the effect that your service stood terminated after 11 months and allow you to join as fresher.Therefore these brekas are mere paper arrangements. Further the interruption in the service is not due to any fault on your part and therefore such interruptions in my view, can be construed as part of the continuous service. This apart, since you have worked for 11 months, you are also deemed to have worked for 240 days in each period of twelve months during the period between 2002 to 2009 and thus deemed to be in cotinuous service during the said period.Therefore, you should get gratuity.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
I also concur with Soumik if the breaks are given to you from 2002 to 2009 for one month after 11 months of service. Technically such breaks cannot be construed as actual breaks- in - service unless the employer passes an order to the effect that your service stood terminated after 11 months and allow you to join as fresher.Therefore these brekas are mere paper arrangements. Further the interruption in the service is not due to any fault on your part and therefore such interruptions in my view, can be construed as part of the continuous service. This apart, since you have worked for 11 months, you are also deemed to have worked for 240 days in each period of twelve months during the period between 2002 to 2009 and thus deemed to be in cotinuous service during the said period.Therefore, you should get gratuity.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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EPS-CONCEPT & CALCULATION.doc x
SALARY SHEET CALCULATION.xls