Employee of 8 years - wants to resign to withdraw gratuity - How feasible is this as per Law?

Reshma Lemos
We have one employee who has completed 8 years of service and wants to withdraw the gratuity amount for his financial needs. He is ready to give his resignation but wants to join immediately in the same company. How feasible is this as per the law? He wants to resign only for gratuity. Will he be eligible for gratuity if he rejoins again and completes 5 years? Will his PF UAN number be the same if he doesn't withdraw the PF amount after resigning?
Need help!!
nathrao
Such ideas to circumvent provisions of the law are irregular.

Management should not encourage such practices.

UAN number and gratuity have no connection.
moseskao
Dear Reshma, instead of resigning, you can suggest the employee take an advance from their PF department. The employee may withdraw the amount in advance for various reasons, such as:

- Purchase of a house
- Purchase of land
- Housing loans
- Construction or alteration of a house
- Repayment of housing loans
- Lockout or closure of a factory as defined under the Industrial Dispute Act
- Illness of the EPF member or any of his/her family
- Marriage of self or son/daughter/brother/sister
- Post Matriculation education of children
- Natural calamity
- Cut in electricity in an establishment
- Purchasing equipment for the physically handicapped
- One year before retirement
- Investment in Varishtha Pension Bima Yojana

Limits of EPF Partial Withdrawal:

Employees can make withdrawals based on the below-listed circumstances. Listed below is the withdrawal purpose, the minimum service requirement to be eligible to make the withdrawal, the PF withdrawal limit, and the relations for whom the employee can make the withdrawal.
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