Regarding Gratuity Claim - Please Suggest

Dear All,

I want to seek advice regarding gratuity payment. One of my friends, who has been working in an organization for the last 11 years (Oct 1996 - Aug 2007), recently left the organization and has inquired about her gratuity.

During her 11-year tenure, there was a gap of 1 month (Oct 2003 - Nov 2003) when she left the company and rejoined after 1 month. Upon rejoining, she was not provided with a new appointment letter, and there was no clarification regarding whether this gap of 1 month would affect her eligibility for claiming gratuity.

When she left the company, no formalities were completed, and her rejoining was based on mutual understanding.

I kindly request all members of the HR fraternity to shed light on this issue and suggest the best possible solution.

Regards,
Shalini

Dear Shalini,

When your friend left in Oct 03, was any F&F settlement made and was any signature taken on the F&F?

Dear Shalini,

Your friend has a one-month gap in her tenure. This could be due to undergoing medical treatment, being on long leave, or for any other reason.

No employer has the right to withhold Gratuity, even if the employee has not served continuously for three years. However, if an employee commits a mistake such as fraud or damages company property, the employer can stop or deduct the amount for the damage with proper evidence.

This information is based on my knowledge.

Sirisha.

Dear All,

No full and final settlement was made when she rejoined. In fact, no written formality was done. Actually, she was not well, and that's why she left the company for one month.

Regards,
Shalini

Hi Shalini,

Has your friend submitted the resignation letter and received the relieving formalities from her company for that one month?

Alternatively, does she need to confirm with the LIC whether, after that 'one month', they will start receiving the Gratuity yearly premium in her name from the company or not?

Regards,
Akshay

Dear Shalini,

For the first period from Oct. 96 to Oct. 03, approximately 7 years, your friend was eligible for gratuity if full and final was made at that time. If her full and final was not done at that time, then on what grounds was her one-month absence adjusted? Was she continuous in employment, or did the employer make a break in service during Oct. 03 to Nov. 03? (It's a question to be answered).

Truly,

On consideration, if there is a break in service during Nov. 03, in that case, the gratuity was payable for the period of Oct. 96 to Oct. 03 for 7 years. For the second period of service from Nov. 03 to Aug. 07, gratuity is not payable since the period is less than five years. Further, I would like to have all the data of the matter to opine on the subject. As far as your question is concerned, I have the aforementioned answer only.

Thanks,
Mohd. Arif Khan
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Dear Shalini Madam,

I had joined a company in May 1999 and resigned from the job in November 2007. Despite my many follow-ups with this company, they have not provided me with my gratuity. Please advise on what steps I can take in this situation.

Regards,
Jaywant Sonwane
9922944993
Nashik, Maharashtra
Email: qansk@brightautoplast.com