Rahul Chhabra
Hr Professional
Mayuri Verulkar
Hr Manager
Pon1965
Construction
Malikjs
Gm (hr)
Dhanuindian
Sr. Executive Hr
+3 Others

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Dear Seniors,

Please provide your suggestions in following situation :

Our one employee has joined the company in the year 2004 but in the year 2007 he has resigned & joined the other company. After 15 days he came back & rejoined us, that time we have verbally committed him about the continuation of services. Therefore we have not given relieving letter, experience letter & full & final settlement dues. But we would have supposed to take resignation withdrawal letter from him but due to some ignorance we failed to collect the same.

Now this employee has given the resignation in the year 2010 & he is claiming for the gratuity on the basis of verbal approval given for the continuation of services. As per the finance head he is not eligible for the gratuity because he had worked for 15 days in other company. We are trying to convince our accounts team, that time verbal approval was given for the continuation of services but they are asking for the resignation withdrawal letter which we have not collected from that employee when he rejoined our organisation.

Kindly suggest whether this employee is eligible for the gratuity on the basis of verbal approval given for continuation of services ? And also suggest if we will refuse to pay the same then can he take the legal action against the company ?

Regards,
Aadhya


From India, Mumbai
verbal approval does not form the basis for continuity in service. Better, convince Finance and honour your verbal commitment. You can take post facto withdrawal of resignation from the employee if you are intending to pay the gratuity without break in service.
From India, Lucknow
What about his PF a/c no? is it the same as earlier? His employee ID ? If you have enough evidence then you can convince him that it was a case of rehire. Mayuri
From India, Pune
Dear
when he rejoined you again ,whether you have issued a new appointment
letter with fresh joining,if not than where is the break in service.
if resignation accepted by the management ,have you given acceptance letter.
in my view legally he is entitle to get gratuity for full service.

From India, Delhi
Dear Aadhya, If the employee id, pf account number is the same,he is entitled for gratuity else not. Regards, Rahul Chhabra
From India, Delhi
Dear Aadhya,
There are few things to get clarified.1) Did your company accept his resignation? if yes, have you issued any relieving letter, if yes, then any new appointment letter has issued for rehire with new pf ac no, emp no, etc.
More over if no, there is no point in break in the service.
2) He left the organisatin for 15 days only and rejoined the company,if everything is on oral, there is not required to consider him as new hire.
3)Have you processed any full and final settlement ?,
4) try to convience your ac guy that he has not relieved and went on leave for 15 days and adjust the same with EL.
5) Appart from everything, he has worked more than 245 days in that year, hence, you can not show him as break in services. Hence, he is entitle for gratuity.

From India, Bangalore
Dear Seniors, We have continued the same PF Account Number & employee ID also. Regards, Aadhya
From India, Mumbai
If you have continued same PE and employee ID. Then his absence shall be considered as PL. As everything was oral, he can eaisy prove that it was his leaves.
From India, Pune
i totally agree with you they want to avoid his gratuity
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From Pakistan
i am also agree with you they should pay him
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home cleaning
post construction cleaning

From Pakistan, Lahore
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