Insolvency N Gst Professional
Sr.manager - Hr&admin
+1 Other

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One of our employee who was worked with us from May'08 to May'12 and then he has resigned. After 8 months he was rejoined from Dec'12 and resigned from Dec'17. Now he is asking for the gratuity from May'08. So is he eligible for gratuity as per his requirement or he is eligible for Dec'12 to Dec'17 period only as per act?. Does anyone have any judgement of such cases of break in service and asking for full gratuity.

His entitlement is only from Dec 12 onwards.There is clear break in service and person has exited and been cleared from the company.
This period of service is not counted when he has rejoined and served 5 years.
The earlier period is to be excluded.

From India, Pune
Hi Hanif,
Gratuity should be paid for the period Dec,2012 to Dec,2017 only.
The above referred employee's initial period of service came to end by May,2012 as he resigned and was relieved. Hope full and final settlement was also cleared and got acknowledged by the employee. His next tenure with the same company start from Dec,2012 as a fresh employee with new emp code/new PF number and so on....So he can't claim gratuity considering his past stint. As per Gratuity Act continuous / uninterrupted service period is must.
Employee may request, but it is not mandatory for the Employer legally. However considering the service and loyalty of the employee, if employer wish to make payment considering both service, then Employer may do so gracefully.

From India, Madras
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