Am I Eligible for Gratuity and Employee Pension After a Break in Service?

Eligibility for Gratuity and Employee Pension

My date of joining was 25/6/2002. After 11 months of service, the employer left for only one month and then recalled me. Now, since 01/6/2009, I am confirmed and receiving the sixth pay. My EPF number is GJ.13328/308.

Now, I want to know if this type of break in service can make me eligible for gratuity. Additionally, can I avail of employee pension?

Regards.

As you are saying, from 2002 until 2009, you had a break for 1 month. You are eligible for gratuity provided you didn't resign or they didn't give you any resignation letter, which confirms your continuous service. Rejoining is applicable in this matter. As you haven't given any resignation or termination letter, it doesn't indicate you were out of employment.

Hope seniors over here would clarify it in a much better way.

I also concur with Soumik. If the breaks were given to you from 2002 to 2009 for one month after 11 months of service, technically, such breaks cannot be construed as actual breaks in service unless the employer passes an order to the effect that your service stood terminated after 11 months and allows you to join as a fresher. Therefore, these breaks are mere paper arrangements. Further, the interruption in service is not due to any fault on your part, and therefore, such interruptions, in my view, can be construed as part of the continuous service.

This apart, since you have worked for 11 months, you are also deemed to have worked for 240 days in each period of twelve months during the period between 2002 to 2009 and thus deemed to be in continuous service during the said period. Therefore, you should get gratuity.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

You will be eligible for a pension after completing 9.5 years of service in the PF. Continuous service is not mandatory to receive a pension.

Regards, Abbas.S