An employee joined on 1 Oct 2016. He submitted his resignation and resigned on 23 March 2018. He rejoined on 29 April 2018, and a fresh appointment letter was issued. He then resigned on 7 Jun 2021. Is he eligible for gratuity, and if yes, how?
From India, Bengaluru
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From India, Bengaluru
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His date of joining was 1st October 2016, and he resigned on 23rd March 2018, completing a total service of 1 year, 5 months, and 23 days. He then rejoined on 29th April 2018. However, as per the Payment of Gratuity Act 1972, under section 4, gratuity is payable to an employee upon termination of employment after rendering continuous service for not less than five years. The term "continuous service" is defined only under section 2A.
Rejoining constitutes a new appointment. Therefore, the amalgamation of the service period does not entitle the individual to gratuity.
From India, Noida
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Rejoining constitutes a new appointment. Therefore, the amalgamation of the service period does not entitle the individual to gratuity.
From India, Noida
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc