Mirza Nafees BegDear members,
I would like your kind advise for the below issue:
I am in restaurant industry under U.P. shop and establishment act, our employees are covered under PF & ESI scheme, few workers left services due to their personal reasons and after 3 to 6 months they again want to join us. In this case we again register them in PF with different PF number and same ESI No.
My query is whether they are entitled for gratuity for their services with us in breaks (break in two or three times with 3 or more months); and its legal issues.
Mirza Nafees Beg
From India, Lucknow
1. Allotting Old ESIC no. to rejoining employees is a great move & will have a positive impact on employees
2. I suppose you have done UAN registration of your company, in which case allotting different PF no. will mean linking it to their Old UAN.
Please be careful & do not generate duplicate UAN for rejoining cases
3. Gratuity payment considering the break will depend on the period of service they were before leaving the company & at the discretion of management.
The act as such doesn't qualify the rejoining cases for gratuity payment.
If I'm mistaken somewhere in providing the answer please correct me.
From India, Gurgaon
Find the attached UP shops and Establishment act, which is downloaded from, Simpliance - Labour Law Compliance, free online labour law library. You can visit the website and check for related forms, rules etc, and the same can be download for the free of cost. I found this website very useful and informative.
Hope this info is useful.
From India, Bengaluru