Labour Law & Hr Consultant
Labour Consultant

If a person has worked in ABC company for 9 years and has taken 6 months break and then joins back and continues for 2 more years and resigns , will the gratuity duration be calculated as 11 Years -6 months? Or only 9 years. Please help to clarify.
18th May 2018 From India, Bengaluru
" And has taken 6 month break and then joins back " - What do you mean by this? Resigned and joined after 6 months afresh? or Went on authorised leave on loss of pay? or Remained absconding continuously for about 6 months? Can you pl explain?
18th May 2018 From India, Salem
The 6 month break was an approved LOP leave from organisation. No new service agreement for joining back.
19th May 2018 From India, Bengaluru
Then the 6 months LOP has to be treated as uninterrupted service as per Sec.2-A of the Payment of Gratuity Act,1972 and as such the employee is entitled for the entire 11 years of service including the 6 months on LOP.
19th May 2018 From India, Salem
You have stated that you had taken 6 months break (not leave) therefore you cannot claim continuity of employment. No company will allow anyone 6 months break (other than maternity leave), they will definitely provide you a fresh appointment. You better check your employee code no. after your rejoining and also confirm whether you have withdrawn your PF accumulations or not. The only confusing thing is why your company had not paid your gratuity for 9 yrs.
Always provide full details while putting a query such as Designation, DOJ, salary etc.
23rd May 2018 From India, Thane
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