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I worked in a company from 2/12/2008 till 10/07/2013. Question 1. Am I eligible for gratuity?

I rejoined the same company on 16/12/2013 and went on maternity leave on 04/04/2019. Since I'd adopted a child less than 3 months old, I was entitled for only 12 weeks ML (till 04/07/2020). However, my employer obliged me and allowed me to extend my ML till my baby was a year old. I was supposed to join work in April 2020. With the Covid-19 situation, they asked me to just wait it out till all that settles and then join (all verbal communication and text messages, no emails). In August, my HR spoke to me and asked me to resign since there was not much work, and I was OK with the idea since I wanted to spend more time with my child.

Question 2. I know I am eligible for gratuity. But till what date?

Please help. Thank you for your time and patience.

Anu

From India, Bengaluru
Hi Anu,
1) Reg. gratuity for the first spell i.e. 2.12.2008 till 10.7.2013- if you have a continuous service of 4 yrs + 240 days during the 5th year, uninterrupted service you are eligible to receive the gratuity under the Gratuity act. This is not considering your 2nd spell. Then,
2) It's not clear whether you have left the very same co. on 10.7.2013? Resigned or otherwise? Subject to confirmation of this fact, It's presumed there is a gap in service between 10.7.13 & 16.12.2013(DoRJ) i.e. about 5 months, hence your service has been interrupted. If yes, this 2nd spell cannot be combined with the first spell of 4yrs+>240days. And having availed ML from 4.4.2019 to 4.7.2020 and even if treated as continued till date (since no mention about effective rejoining after ML) the required service 5 yrs & above can be considered as eligible for the 2nd spell, ie. 16.12.13 to 4.7.2020 as well. It's necessary to determine the effective date of separation for the 2nd spell before ascertainment. However, if there is a possibility, to consider your case under the new Labour Codes, still to be implemented, the perception likely to change

From India, Bangalore
On 10/07/2013, I was relieved. Itís 222 Days in the 5th year so I assume Iím not eligible.
And on 16/12:2013 I rejoined, considered as a new employment.
Now after I went on ML, I didnít resume to duty. My 12 weeks ML exhausted in July but I with permission from my boss extended it till April 2020 on Phone and email. But in April 2020, due to the covid situation, they asked me to not join and wait it out.
In august, they asked me to resign, I sent an email. And they officially relieved me on 25/08/2020.

From India, Bengaluru
Thank you Mr. Kumar for taking the time to write. Also, may I please ask what are the new labor codes that youíve mentioned?
From India, Bengaluru
Yes, for the 2nd spell 6 yr + >6 months=7 yrs. gratuity is payable to you.
Pl.read the attached materials on New Labour codes awaiting notification of effective date having completed other formalities. This 4 Labour Codes comprised of many rationalisation of various provisions will replace & subsume many labour related Acts/laws in vogue. There are many provisions which ultimately pro-labour reforms. Also on the other hand certain provisions not so pro-labour. You can read them from the summarised attachment. For detailed reading you can login to web site of Labour Dept.GoI from where gazetted notifications can be downloaded.

From India, Bangalore

Attached Files
File Type: pdf PPT on 3 Labour Codes -(Passed by Parliament) Sep 2020.pdf (371.3 KB, 66 views)
File Type: docx LABOUR CODES PASSED BY PARLIAMENT.docx (14.0 KB, 49 views)

Thanks for all the material. Iíll definitely go through them. Iíd a quick question though...
For the second spell, I was told by my HR that Iím entitled for gratuity only till my 04/07/20219. Since I was on an extended ML, the period from July 2019 till august 2020, isnít considered. Is that correct?

From India, Bengaluru
Your service particulars are -

For the 1st spell you missed the gratuity by about 18 days.

But for the 2nd spell Ė Served from 16.12.2013 to 3.4.2019

ML from 4.4.2019 to 16.6.2019 (4.7.2020) 12 weeks of entitlement upto only 16.6.2019 (extended from 17.6.19 to 4.7.20; 24.3.20 to April 20 Covid pandemic lockdown but not stated whether salary was paid or not.)

On extended leave (LWP) = from 17.6.2019 to 4.7.2020 (not reported/not worked)

Unclassified absence/leave = 5.7.20 to 25.8.2020

Relieved on 25.8.2020

It's understood that your office grant leave upto 4.7.20 which means period from 4.7.20 till your relieving date 25.8.20 has been treated 'leave of absence' not entitled to salary or unpaid leave. In effect your service has been closed on 3.7.20 itself that's why gratuity has been considered upto 4.7.20 only. You have not indicated whether you got the salary from 4.4.2019 onwards said to be on permitted leave. Having completed full 5 yrs you are eligible but to become eligible for the 6th year service you are short of stipulated 6 months.

Can you check whether your relieving letter is dated 25.8.20 or stated as 'relieved on 25.8.20'. In any case it appears your service has been discontinued on 4.7.20.

From India, Bangalore
The company paid me only till my entitled ML. From 04/07/2019, till the date I was relieved, I havenít received any salary. It was LWP.
My HR said, my gratuity will be calculated only till 04/07/2019. Not till 2020. Please clarify if I am entitled till 2020 or only till 04/07/2019?
Thanks again for the help.

From India, Bengaluru
The company has relieved you only on 25.08.2020, that means your continuous service is till that date, although you have been paid only till 04.07.2019. The definition of continuous service includes period of absence so long as it is uninterrupted service. So you are entitled to gratuity till 25.08.20. Accordingly you are entitled for seven years gratuity.
From India, Mumbai
Thank you for clarifying that for me!
Now if I may please ask for some more help here, may I ask you to please help me with the info on which codes or rules to mention specifically to Support my stand about the 7 years gratuity...
Thanks again for all your Time and help, I appreciate it.

From India, Bengaluru

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