Dear HR,
I have quit the company with a proper resignation after 6 years of service, meeting the notice period with full and final (F&F) settlement of gratuity and all perks.
I joined a new company, but I had severe health issues due to extensive travel. It has been almost 80 days since I started in the new company. My previous company called me back to rejoin with some relaxation.
Due to health issues, I want to leave my new company and return to the previous company. In my old company, can I ask for continuity of service? I am willing to pay back the gratuity I received.
Can you please suggest if this is allowed?
Best Regards,
VASUDEVAN
From United States
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I have quit the company with a proper resignation after 6 years of service, meeting the notice period with full and final (F&F) settlement of gratuity and all perks.
I joined a new company, but I had severe health issues due to extensive travel. It has been almost 80 days since I started in the new company. My previous company called me back to rejoin with some relaxation.
Due to health issues, I want to leave my new company and return to the previous company. In my old company, can I ask for continuity of service? I am willing to pay back the gratuity I received.
Can you please suggest if this is allowed?
Best Regards,
VASUDEVAN
From United States
Acknowledge(0)Amend(0)
Rejoining a previous company after resignation
It depends on the circumstances. The old company can treat the days as leave without pay and allow you to continue with the same service conditions, or it can ask you to have a new employee registration. You can request this by offering to pay back the terminal benefits that you have received. Normally, companies will not accept such an offer due to various reasons. For example, an amount paid or cost incurred, like gratuity, cannot be reversed. This is mainly because the cheque for payment of gratuity might be issued by the LIC or by the Trust formed for Gratuity, and it will not be possible to reverse it. Even if it were possible, a significant amount of correspondence would be required.
From India, Kannur
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4526It depends on the circumstances. The old company can treat the days as leave without pay and allow you to continue with the same service conditions, or it can ask you to have a new employee registration. You can request this by offering to pay back the terminal benefits that you have received. Normally, companies will not accept such an offer due to various reasons. For example, an amount paid or cost incurred, like gratuity, cannot be reversed. This is mainly because the cheque for payment of gratuity might be issued by the LIC or by the Trust formed for Gratuity, and it will not be possible to reverse it. Even if it were possible, a significant amount of correspondence would be required.
From India, Kannur
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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