PhilipctI have worked for an organisation continuously for 9 years with more than 240 days every year.
However on the 5th year company ill advised to submit resignation and paid gratuity for those 5 years. However Company re-enrolled me within 10 days (total gap is 10 days between two employments) in same organisation in same designation. In second tenure, I have completed only 4 years. Gratuity amount is mentioned in CTC.
My query is: Am I eligible for remaining 4 years of gratuity being in service for same organisation continuously for 9 years?
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Nagarkar Vinayak L
Hr And Employee Relations Consultant
If your company had already paid you 5 years gratuity then how can you ask for continuous service and gratuity from the company. Secondly if you company had already paid you your F&F settlement after your resignation from job, that mean they had hired you as a fresh recruit and thus you are not entitled for the gratuity.
Ulhas ChandratreIf your company had already paid you 5 years gratuity which you have received and accepted then how can you ask for continuous service and gratuity for 10 years from the company.
Secondly if your company had already paid you your F&F settlement after your resignation from previous tenure , that mean they had hired you as a fresh recruit and thus you are not entitled for the gratuity unless you completes 5 fresh years in the new appointment.
From India, Pune
Nagarkar Vinayak LDear colleague,
The company has played trick by paying you your Gratuity and other dues after asking you to resign after 5 years' service and rehiring you just after 10 days of artificial break in service with obvious intention of depriving employees of gratuity for the next stint of less than 5 years in case they quit.
This is unfair labour practice and you have fallen prey to it by not resisting it at the time when you were asked to resign or accepting F&F settlement.
You can do nothing about it at this stage but to wait for 5 years to complete for being eligible to fresh Gratuity or lose it if you are thinking of leaving before completing 5 years.
From India, Mumbai
After reading your information it seems that your organisations Employer /HR is wise enough,they have traped you.You have tendered your resignation simply.As per Gratuity Act(only continuous 5 years service is considered )you can not insist for initial period,so now you arr not eligible for gratuity.
Working only 240 days in a year is leagaly right but it indicates that you are not giving full time devotion to organisation.
From India, Jalgaon