Hi. I need some help. I joined a company in July 2015 and continued till March end 2019. So, 3 years and 8 months. Then I resigned and rejoined the same company after 3 months and the new joining date was July 2nd, 2019. Now I am working there. It has been a total of more than 5 years with the same company. If I leave now, will I get gratuity? I have the same employee Id and my payslips still show the old 2015 joining date.
From India, Delhi
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
From the fact that you have the same employee ID and the pay-slips indicate the original date of joining , all point out that prima facie it is 'continuous service' as per the Payment of Gratuity Act 1972 and you are entitled for gratuity from 2015. But it has to be examined as to how the gap of three months was adjusted in the record. What did your order of rejoining state? Is there any change in the date of increment on your rejoining?
From India, Mumbai
1462From India, Mumbai
Minimum Qualifying Service to be eligible for gratuity is not less than five years of continuous service by the claimant/employee in the same establishment.
Resignation, per se, is a unilateral act of an employee resulting in the termination of his contract of employment with the concerned employer. When the resignation stands accepted and acted upon by both the parties, not withstanding the time gap, subsequent rejoining of the same person in the same establishment creates a fresh contract of employment; strictly speaking, therefore, it cannot revive the service prior to the resignation.
From India, Salem
Resignation, per se, is a unilateral act of an employee resulting in the termination of his contract of employment with the concerned employer. When the resignation stands accepted and acted upon by both the parties, not withstanding the time gap, subsequent rejoining of the same person in the same establishment creates a fresh contract of employment; strictly speaking, therefore, it cannot revive the service prior to the resignation.
From India, Salem
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf