Employee of 8 years - wants to resign to withdraw gratuity - How feasible is this as per Law? - CiteHR


We have 1 employee who has completed his 8 years of service and wants to withdraw the gratuity amount for his financial needs.
He is ready to give the resignation. But wants to joins immediately in the same company. How feasible is this as per Law. He wants to resign only for Gratuity.
Will he be eligible for gratuity if he rejoins again and completes 5 years?
Will his PF UAN number be same? if he doesnt withdraw the PF amount after resigning.
Need help!!

From India, Vasai
Insolvency N Gst Professional
+1 Other


Such ideas to circumvent provisions of law are irregular. Management should not encourage such practises. UAN number and gratuity have no connection.
From India, Pune
Dear Reshma,
instead for resigning, you can ask the employee to take advance from his pf department.
The employee may withdraw the amount in advance mainly on the following grounds:-
Purchase of house.
Purchase of Land.
Housing Loans.
Construction or alteration of House.
Repayment of housing loans.
Lockout or closure of Factory as defined under the Industrial Dispute Act.
Illness of the EPF member or any of his/her family.
Marriage of self or son/daughter/brother/sister.
Post Matriculation education of children.
Natural Calamity.
Cut in electricity in an establishment.
Purchasing equipment for physically handicapped.
One year before retirement.
Investment in Varishtha Pension Bima Yojana.
Limits of EPF Partial Withdrawal:
Employees can make withdrawals based on the below listed circumstances. Listed below is the withdrawal purpose, the minimum service requirement to be eligible to make the withdrawal, the PF withdrawal limit and the relations for who the employee can make the withdrawal.

From India, Chennai

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Thank you all for your replies.
From India, Vasai

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