Dear sir / madam, i have some doubt regarding the gratuity. One of my employee joined the company in 2000 and continued upto 2005 and resigned and again joined 2008 and still continue and the company not given appointment letter in 2000 and not given resignation letter and not given new fresh appointment letter in 2008. But have in roles for previous works and present works and got payment through online and pf deducted from 2004 upto 2005 and again started in 2010 and still deducting the pf. Weather he will get gratuity from 2000 onwards or 2008. Please suggest me to help.
Hello there,
Gratuity means of continuity in service, this is not related to EPF nor any govt. body; this is purely from the management to the employee for his service.
in your case, if employee have same employee ID or registration details for before and after the re-joiner, gratuity can be count from starting of his job, if not gratuity will count from 2008 on wards.
any mal-practise, include behavior grounds; gratuity will not come for employee with a valid reasons and documents.
Very poor HR system and employee management.
But has employee now resigned that question of gratuity has come up.
First of all determine from which period has employee been working continuously and then gratuity amounts can be worked out.
Kindly check all employment records,PF records etc and give an appointment order from that date onwards.
Appointment letter should not be back dated.
Company needs to put in place proper HR policies of appointment and exit.
This will help the company as well as employee and make you legally compliant with labour laws.
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