Am I Eligible for Gratuity After a 40-Day Break in My 5-Year Factory Job?

I have been working in a factory for the last five years. However, in 2012, I resigned for 40 days and did not work anywhere during this period. After 40 days, I rejoined the factory, and now I have completed 5 years in the factory, including days before and after I resigned. So, seniors, I want to know if I am eligible for gratuity or not?

You will not be eligible for gratuity because:

1. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.

For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.

Regards,
SDP

By law, you are not eligible for gratuity as, after you rejoined, the new 5-year period started. There is, however, a small point to consider: has the last employment not been allotted to you, and does your appointment letter state that the period of 40 days will be adjusted to assign you the period of service?

Regards,
Ashutosh Thakre

Dear Pramod, the following points are perfectly right:

Gratuity Eligibility

You will not be eligible for gratuity because:
1. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.

For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.

Regards,
M. Santhosh

If you have completed 4 years and in the fifth year you have worked for 240 days (including paid holidays), then you are fully entitled to gratuity. Why don't you just get online and see the Gratuity Act of 1972.

Best wishes,

Col AS Patel