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R Keshab
After completing more than 10 years in a company I have recently resigned the company. But after 3 months of gap period company called up me again and recruited. In this case may I eligible for claiming gratuity of last 10 years or because of joining same company I will be not permitted to withdraw gratuity ?
From India, undefined
vmlakshminarayanan
919

Hi,

After 10 years service you resigned and left. Whether they cleared the Full and Final Settlement ? If so your employer should have paid Gratuity also.

After 3 months gap when you joined back if new appointment order is issued with revised terms and conditions then you can claim Gratuity for 10 years service. If three months break was considered as leave without pay then it will be considered as continuity of employment and in that case you will not be able to claim Gratuity now.

From India, Madras
Madhu.T.K
4193

Appreciating what Laxshmi Narayan has said, I would like to add that there should be a clear understanding about the treatment of past service before you join/ rejoin the same organisation. Otherwise, in future this will lead to confusions and it may even lead to legal battle. If the three months' gap was treated as LOP, there should be an understanding whether these days would be treated as service period because a period of LOP days regularised would be treated as "continuous service" for the purpose of gratuity. If it is treated as break in service, it may not spoil much if the remaining period in the 12 months would contribute 240 days.

Since the gratuity is always calculated on the last drawn salary, it would be fair if the same is claimed after the end of extended period.

From India, Kannur
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