I worked for a company for 5 years and 5 months. During that period, I resigned and revoked my resignation three times after the company's acceptance. Whenever the company gave me a good appraisal or some other benefit, I revoked my resignation. My bank statements clearly show that my salary was continuous without any breaks or absences. Now, when I left the company and applied for gratuity, they claim that my job was not continuous due to multiple resignations that were accepted. Can anyone tell me if I am eligible for gratuity? Thanks in advance.
From India, New Delhi
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From India, New Delhi
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As per your statement, you have submitted your resignation three times and subsequently revoked it. Have you confirmed this with your employer each time? Have they collected any cancellation note for the resignation letter from you? Did your employee ID/Number/PF number get revised each time you revoked your resignation?
There is a possibility that your employer might have manipulated your service data with a break. However, if you are certain about your continuous service without any break, you are legally eligible for gratuity.
As per the Act's requirement, send your employer a request letter (FORM I) mentioning the period of service (DOJ and DOR and total years of service). In case of no response or refusal from your employer, you can file a complaint under Section 8 of the Act with the Controlling Authority (Assistant Labour Commissioner) in your jurisdiction.
From India, Madras
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1015There is a possibility that your employer might have manipulated your service data with a break. However, if you are certain about your continuous service without any break, you are legally eligible for gratuity.
As per the Act's requirement, send your employer a request letter (FORM I) mentioning the period of service (DOJ and DOR and total years of service). In case of no response or refusal from your employer, you can file a complaint under Section 8 of the Act with the Controlling Authority (Assistant Labour Commissioner) in your jurisdiction.
From India, Madras
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Hi @vmlakshminarayanan, I have just checked all my salary slips having the same joining date and employee ID, which are assigned to me initially. The company doesn't provide any PF, so there is no PF number. So it seems I am eligible for gratuity. Thanks for replying.
From India, New Delhi
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From India, New Delhi
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Less than 5 years service - Eligibility for payment of gratuity.pdf