I have been working in a factory for the last five years. However, in 2012, I resigned for 40 days and did not work anywhere during this period. After 40 days, I rejoined the factory, and now I have completed 5 years in the factory, including days before and after I resigned. So, seniors, I want to know if I am eligible for gratuity or not?
From India, Madurai
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From India, Madurai
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You will not be eligible for gratuity because:
1. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.
For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.
Regards,
SDP
From India, Kolhapur
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301. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.
For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.
Regards,
SDP
From India, Kolhapur
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By law, you are not eligible for gratuity as, after you rejoined, the new 5-year period started. There is, however, a small point to consider: has the last employment not been allotted to you, and does your appointment letter state that the period of 40 days will be adjusted to assign you the period of service?
Regards,
Ashutosh Thakre
From India, Mumbai
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Regards,
Ashutosh Thakre
From India, Mumbai
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Dear Pramod, the following points are perfectly right:
Gratuity Eligibility
You will not be eligible for gratuity because:
1. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.
For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.
Regards,
M. Santhosh
From India, Vijayawada
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Gratuity Eligibility
You will not be eligible for gratuity because:
1. You resigned in 2012.
2. You re-joined after 40 days, which means there is a break of 40 days in service.
For payment of gratuity, you have to complete continuous 5 years of service. In your case, you have not completed the same.
Regards,
M. Santhosh
From India, Vijayawada
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc