How Can I Claim My Gratuity After Seven Years of Service Without Formal Resignation?

Dear Sir,

Regarding my gratuity

I have worked for three years in a company, and during these three years, my PF was deducted. After that, I left the company without resigning and rejoined after three months without any appointment letter. When I rejoined, my basic salary was 16,000, and the company advised me that PF deduction was not compulsory, so I agreed and worked for 4 years and 5 months. I have also withdrawn my entire PF deduction. The company exited me from the PF account before I rejoined.

Now, the company is not giving me a gratuity, which has been with them for almost seven years. Please advise me on how I can claim my gratuity.

Hi, To claim gratuity, you should have completed continuous 5 years of service. If you claim after your initial service period of 3 years, and you left the company and rejoined after 3 months, the question arises: how was that 3-month absence treated by your employer? Was it considered an official break in service, or were you officially relieved/terminated during that period?

If the employer officially relieved you and then rehired you as a fresh employee, then gratuity will not be applicable to you.

Please clarify the situation regarding the 3-month absence and how it was addressed by the employer.

Hi, Your statement "Company exited me from PF account before I rejoined" indicates that your employer marked your Last Working Day (LWD) and removed you from the rolls.

In addition to the above, you worked without any employment contract in place, which is also a setback for you.