Am I Entitled to Gratuity After a 10-Day Break in My 9-Year Employment?

I have worked for an organization continuously for 9 years with more than 240 days every year. However, in the 5th year, the company ill-advised me to submit my resignation and paid gratuity for those 5 years. The company re-enrolled me within 10 days (total gap is 10 days between two employments) in the same organization in the same designation. In the second tenure, I have completed only 4 years. Gratuity amount is mentioned in CTC.

My query is: Am I eligible for the remaining 4 years of gratuity, being in service for the same organization continuously for 9 years?

Dear Philip,

If your company has already paid you 5 years of gratuity, how can you ask for continuous service and gratuity from the company? Secondly, if your company has already paid you your F&F settlement after your resignation from the job, that means they have hired you as a fresh recruit and thus you are not entitled to the gratuity.

If your company has already paid you 5 years of gratuity, which you have received and accepted, how can you ask for continuous service and gratuity for 10 years from the company?

Secondly, if your company has already paid you your F&F settlement after your resignation from the previous tenure, that means they have hired you as a fresh recruit. Thus, you are not entitled to gratuity unless you complete 5 fresh years in the new appointment.

Dear colleague, the company has played a trick by paying you your gratuity and other dues after asking you to resign following 5 years of service and rehiring you just after 10 days of an artificial break in service. This was done with the obvious intention of depriving employees of gratuity for the next stint of less than 5 years in case they quit. This is an unfair labor practice, and you have fallen prey to it by not resisting it at the time when you were asked to resign or by accepting the F&F settlement.

You can do nothing about it at this stage but wait for 5 years to complete to be eligible for fresh gratuity or lose it if you are thinking of leaving before completing 5 years.

Regards, Vinayak Nagarkar HR Consultant

Dear [Recipient],

After reading your information, it seems that your organization's Employer/HR is wise enough; they have trapped you. You have tendered your resignation simply. As per the Gratuity Act (only continuous 5 years of service is considered), you cannot insist on the initial period, so now you are not eligible for gratuity.

Working only 240 days in a year is legally right, but it indicates that you are not giving full-time devotion to the organization.

Best regards