Gratuity pay eligibility for one day gap - they asked me to resign and rejoin in the same day to avoid appraisals

Hi, Employer name: think and learn pvt ltd (Byjus)
Concern: gratuity pay

I have worked total of 5.7 year for above employer during my tenurity Hr asked me to resign and rejoin in the same day.. from 26 June 2017 to 25 June 2020 I was working as operation associate for offline tuition Center, due to business decision Centers has been closed and asked to change department internally while doing so instead of internal transfer they asked me to resign and rejoin in the same day to avoid appraisals.. all years I have worked more than 240 days and one day gap is artificial.. am I eligible for gratuity pay?

Tenure :
20, June, 2017 to 25 June 2020
26 June, 2020 to 19 Jan 2023
With one artificial day..

They have paid fnf with leave encashment for first tenurity

There is an artificial break, it is evident. Since you were paid fnf settlement at the end of tenure 1, it goes against you. Moreover, there is resignation and a fresh appointment, all these facts go against any claim for gratuity.
Were you continuing with the same employee number? If so, then there is a fact in your favour.

Hi,

Thank you for the quick response
Second tenure continued with diff employee ID and with same email address.. all I have is resignation and onboarding happened on the same day(for ref I have emails) checking if anything can be done with email

Hi,

I personally feel that you can defend your case very strongly. Resignation on the same and rejoining also on the same day which explicitly proves the move of your employer to evade statutory obligations. Getting relieved and joining on same day cannot be construed as a break in employment. Only thing against you is that your resignation letter wherein you might had mentioned "on personal grounds you are resigning'. However you can claim that you were advised to resign. Do you have any material evidence for the same ? If you are not currently working with the employer you can apply for Gratuity stating your period of employment. In case of no positive response you may file a case with office of Assistant Commissioner of Labour of your jurisdiction. In your request letter for gratuity emphasis your stint with the same Organization from start to end.

As a material evidence I have relieving letter pdf and onboarding email and offer letter pdf from official company email address.. attached some screenshots..

All 5 years worked 240 plus days and one day gap is artificial gap based I have sent an email to employer

Hi,

Ok. You can wait for the response. In case of delay from Employer side please follow up and forward reminder emails. Keep legal remedy as a least option. Hopefully they will respond to you.

Artificial breaks in service will not defeat the continuity of service. When fixed term employees who have completed five years of service with breaks in service after each term are pronounced as eligible to gratuity, you are entitled to get gratuity. You may approach the Controlling Authority. Also please go through the attached judgments.

In most countries, eligibility for gratuity pay is determined by the length of service with an employer and the terms of the employment contract. If an employee has worked for a certain number of years, they may be eligible for gratuity pay upon leaving their job.

However, a one-day gap in service may impact an employee's eligibility for gratuity pay, depending on the specific terms of their employment contract and the laws of the country they are working in. It's best to check with the relevant authorities or consult with a labor law attorney for a more accurate answer.

Check the eligibility of gratuity: https://hrone.cloud/gratuity/

Dear ,

If break is not given & your service is carried out in same premises then it will be considered as continus service ,then your total employement services will be considered & you will be eligible for gratuity as per Gratuity Act.