Queries
I worked in an organisation for 4 years and 9 months then resigned and rejoin the same organisation after one month. Finally resigned after 3 years from rejoining. Am I eligible for gratuity?
1st December 2017 From India, Kolkata

PARTICIPATING IN DISCUSSION:
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
S S Mishra
Agm Hr&admin
Verma_gk@yahoo.com
Sme-hr & Employment Laws
+2 Others

nathrao 1541
This one month will be break in service/continuity.
Not eligible for gratuity to my mind.
1st December 2017 From India, Pune

Hello,


Service has been interrupted on your own accord. Therefore, you will not be eligible for Gratuity.

However, as you mentioned that you served for 4 years 9 months...more precisely if you worked 4 years 240 days. You may claim Gratuity for that period if denied then move an application before Controlling or Appellant authority for resolution.

You may refer judgement of Madras High Court in this regard.

Regards,

Gajendra Verma
2nd December 2017 From India

for gratuity entitlement your service fully completed continuous 5 years then you will be eligible for taking gratuity. you mentioned that your service discontinue before completing 5 year so you are not eligible for gratuity.

regards
Rahul Sikarwar
HRD-
3rd December 2017 From India, Delhi

If you have taken full&final and rejoined with new appointment date you will not be able to get gratuity for 7 years while if you worked 4 years and nine month and you had completed 240 days actual working in each year you will be eligible for gratuity 4 years and 9 months .
4th December 2017 From India, Pune

KK!HR 146
Dear Narendra: Pl. tell us how the one month gap was treated? Did they reappoint you as a fresher with new appointment order, employee number etc or the earlier acceptance of resignation was revoked and continuity was provided. Your reappointment order holds the key and it is to be critically examined.
6th December 2017 From India, Mumbai

I concur with the learned members who are of the view that the questioner is not eligible to gratuity to the extent that taking the two spells of service rendered prior to his resignation and after his rejoining and subsequent resignation by him together as a single stretch of continuous service. Resignation is a lawful way of terminating the contract of employment at the option of the employee subject to the acceptance of the same by the employer. In such a situation, the resignation which is accepted and acted up on terminates the contract of employment thereby extinguishing their employer-employee relationship. The employee would be eligible for gratuity for the service rendered had he completed the qualifying service as per the Gratuity Act. His gratuity should have been claimed and/or paid then and there. Afterwards, if he joins the service of the same employer again, irrespective of the time gap, its a fresh service enabled under a a new contract of employment between them. If he resigns again, his stake for gratuity is actually limited to the no of years of continuous service rendered by him under the subsequent contract of employment only. Just because the gratuity for the previous spell of service remains unpaid for whatever reason, he can not club the subsequent service with the previous one and claim gratuity for both.
Though the situation visualized by Mr.KK!HR is only hypothetical, the claim for gratuity combining both the spells together as one would be sustainable subject to the subsistence of the conditions mentioned by him.
6th December 2017 From India, Salem

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