Lisa Tom
+1 Other

Thread Started by #Lisa tom

Hi, My friend joined in a private organization on 1/6/ 2007 and applied for leave without pay for four months in 2009 November to February 2010 for personal reasons. She rejoined duty at the end of February 2010 and continued service till December 2013. She had worked totally for 6 years 6 months. But, because of the leave she has taken in between will her service be considered as continuous ? and will she be eligible for gratuity ?. This organization has 5 working days per week.
19th June 2018 From India, Bengaluru
LWP will not affect your gratuity.
Under the provisions of Payment of Gratuity Act, continous service includes all kinds of leave unless by an express order there is break in service.
I do hope LWP was sanctioned leave.
19th June 2018 From India, Pune
It was sanctioned but when she rejoined on the rejoining letter the authority had mentioned fresh appointment.But did not ask her to submit resignation nor issued relieving letter.
19th June 2018 From India, Bengaluru
Dear Friend,
She would be eligible for gratuity unless there is a break in service between 1/6/ 2007 to Decmber 2013.
The candidate rejoined in February-2010 means the employee is having service of two terms i.e. 1/6/2007 to November-2009 and February 2010 to December-2013. Each tenure is less than five years for which she is not eligible. But combined together is more than five years, if not break in service.
You advice your friend to make an application (if there is no break in service) in Form I. If not considered by herr employer lodged a comaplint with local labour authority.
20th June 2018 From India, Mumbai
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