Facing Unpaid Gratuity and Benefits: Should I Rejoin My Old Company After 18 Months?

I want to know about the process and rules of gratuity being paid by an employer.

In my case, I have served 6.7 years in a company and resigned for my maternity leave just before 20 days of my due date. My employer didn't give me my increment for 4 months plus my maternity benefits, which should have started 3 months before my due date as per the rules of the Maternity Act. They have never paid the gratuity amount for my 6.7 years of service in the company.

Currently, after 19 months, they are asking me to rejoin the company in a new role.

What should I do?

Should I ask for the incremented amount of my last salary, which was not paid, along with the maternity benefits (during the period I was pregnant and still serving in the company), and the gratuity amount that is due to me after leaving the office 18 months ago? Or should I rejoin the office in the new role without addressing these issues and show gratitude for my loyalty and commitment during the 6.7 years of service?

In my opinion, a company that does not care for even the statutory rights of employees is not a good place to work at all. However, if you feel that you will not get another opportunity and this is comfortable for you, you can join with a few conditions.

Confirmation on Absence Period

First, you should seek confirmation on how the period of absence of 18 months will be treated. If you had resigned voluntarily, you will have to forgo it. However, if your resignation, just before proceeding on maternity leave, was due to any direction from the employer, you should request maternity benefits in the form of 26 weeks of salary. You should come to an agreement on how to handle the period of absence post the 26 weeks. It can be leave without pay, which is acceptable, but there should be an approval of leave in the records.

Confirmation of Past Service

Finally, you should receive confirmation regarding your past service, i.e., a service of 6.7 years. Once the period of absence is regularized, it will automatically be linked to the present service. However, an agreement is necessary; otherwise, the employer could deny you gratuity in the future should you leave the company for any reason.

Salary Increment Consideration

The increment not given to you for the 4 months of service when quitting can be overlooked. Still, you can request a higher salary considering the increments for the two years when you rejoin now.