I worked for a company for 5 years and 5 months. But during the period I have resigned and revoke my resignation 3 times after company acceptance, When company had given me some good appraisal or some other benefit I revoked my resignation every time. I have continuous bank statement clearly shows my salary is coming continuously, during that period without any break or any absent break. Now when I left that company and applied for gratuity, company says that your job is not continuous and you had given resign multiple times and we had accepted. So could anyone tell me am I eligible for gratuity. Thanks in advance.
From India, New Delhi
From India, New Delhi
Hi,
As per your statement you have submitted resignation 3 times and revoked subsequently. Have you confirmed the same with your employer every time?. Have they collected any resignation letter cancellation note from you ? Have your employee ID/Number /PF number got revised every time when you revoked your resignation.
There are possibilities your Employer might have manipulated your service data with a break. However if you are sure of your continuous service without any break legally you are eligible for Gratuity.
As per the Act requirement send your employer a request letter (FORM I )mentioning the period of service (DOJ and DOR and total years of service) in case of no response or refusal from your employer you can file a complaint under Section 8 of the Act with the Controlling Authority ( Assistant Labour Commissioner) of your jurisdiction
From India, Madras
919As per your statement you have submitted resignation 3 times and revoked subsequently. Have you confirmed the same with your employer every time?. Have they collected any resignation letter cancellation note from you ? Have your employee ID/Number /PF number got revised every time when you revoked your resignation.
There are possibilities your Employer might have manipulated your service data with a break. However if you are sure of your continuous service without any break legally you are eligible for Gratuity.
As per the Act requirement send your employer a request letter (FORM I )mentioning the period of service (DOJ and DOR and total years of service) in case of no response or refusal from your employer you can file a complaint under Section 8 of the Act with the Controlling Authority ( Assistant Labour Commissioner) of your jurisdiction
From India, Madras
Hi @vmlakshminarayanan,
I have just checked all my salary slips having the same joining date and employee ID, which are assigned to me initially.Company doesn't provide any PF , so there is no PF number. So seems I am eligible for gratuity. Thanks for replying.
From India, New Delhi
I have just checked all my salary slips having the same joining date and employee ID, which are assigned to me initially.Company doesn't provide any PF , so there is no PF number. So seems I am eligible for gratuity. Thanks for replying.
From India, New Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx