Hi team, I would like to understand from the expert on the gratuity standpoint. If an employee serves 3 years and rejoins after 3 days and completes the next 3 years, how can this be treated? Overall, 6 years, but surely it will be two separate employment IDs as he had a break. Please help us understand in detail. Thank you
From India, Bengaluru
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From India, Bengaluru
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It depends on the treatment made by the employer in the service records. If, upon your leaving, you were given full settlement, and then after rejoining, you were allotted a new employment number and an entirely different contract, then you may not have the previous service added to the present service. At the same time, if the employer had not collected any application for employment, joining report, etc., when you rejoined, then you can say that you had continuous service.
From India, Kannur
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4526From India, Kannur
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc