Hi,
I have received gratuity and then rejoined the same company. I have not completed 5 years after rejoining the company. Am I eligible for the gratuity for the period I have spent after rejoining ? My employee number and PF details did not change after rejoining. For more details, please read the below:
=====
(A) I worked in company 5 days a week, for little over calendar 6 years 5 months (2368 calendar days) and received the gratuity.
(B) I worked in another company (5 days a week) for little over 6 months (200 calendar days).
I rejoined the earlier company (A) without break after relieving from the above company (B).
I have worked in company (A) 5 days a week, for calendar 1 year 11 months (704 calendar days) after rejoining. Am I eligible for gratuity for this period ? My employee number, PF number/trust, etc did not change after rejoining.
=====
From United States, Roseville
I have received gratuity and then rejoined the same company. I have not completed 5 years after rejoining the company. Am I eligible for the gratuity for the period I have spent after rejoining ? My employee number and PF details did not change after rejoining. For more details, please read the below:
=====
(A) I worked in company 5 days a week, for little over calendar 6 years 5 months (2368 calendar days) and received the gratuity.
(B) I worked in another company (5 days a week) for little over 6 months (200 calendar days).
I rejoined the earlier company (A) without break after relieving from the above company (B).
I have worked in company (A) 5 days a week, for calendar 1 year 11 months (704 calendar days) after rejoining. Am I eligible for gratuity for this period ? My employee number, PF number/trust, etc did not change after rejoining.
=====
From United States, Roseville
By allowing you to rejoin the company and allotting the old employment number the company has committed a serious mistake. It may be an omission by the concerned person.
Gratuity is an amount paid or payable by the employer to the employee for the 'long and meritorious' service rendered by the latter. It is for forming a common understanding to the term "long service" that a period of not less than 5 years has been fixed in the Act. It should not be misinterpreted as an amount getting accumulated every year and an amount which can be withdrawn as and when need for money arises.
It is an amount paid for the meritorious service as it is evident from the fact that gratuity can be withheld if services of an employee is terminated for misconduct although protection has been given to the employee from any act of employer making use of this concept in his favour. It should be taken as a one time payment, a payment made when employee leaves.
In your case, you have received gratuity when you left the company A. The company is not bound to work out the gratuity retrospectively to pay the same at a higher rate( Normally, the amount of salary which you are drawing now will be higher). Still you can get gratuity provided the two conditions listed below are satisfied.
1. You will refund the gratuity received to the company with interest.
2. The period from the date of leaving to the date of rejoining the company will be treated as authorised leave (without pay, certainly) and your service will be regularised.
If the above two conditions are satisfied, your service would be regularised and the period during which you were not with the company would be treated as leave without pay. Normally during any year if an employee could not work for 240 days, that year will be treated as 'interrupted service' and for the purpose of calculating gratuity a continuous period or uninterrupted service is required. But you have to ensure that you will get gratuity for the particular year for which you didnot work for 240 days or at least 190 days (since you work for less than six days a week).
It will happen only if the company shows the same kindness as shown when you rejoined the company. Therefore, it should not be taken as your right but only an arrangement by which the company only will lose. As stated earlier, please do not think that gratuity is something like any Fund which can be withdrawn as and when need comes.
Regards,
Madhu.T.K
From India, Kannur
4249Gratuity is an amount paid or payable by the employer to the employee for the 'long and meritorious' service rendered by the latter. It is for forming a common understanding to the term "long service" that a period of not less than 5 years has been fixed in the Act. It should not be misinterpreted as an amount getting accumulated every year and an amount which can be withdrawn as and when need for money arises.
It is an amount paid for the meritorious service as it is evident from the fact that gratuity can be withheld if services of an employee is terminated for misconduct although protection has been given to the employee from any act of employer making use of this concept in his favour. It should be taken as a one time payment, a payment made when employee leaves.
In your case, you have received gratuity when you left the company A. The company is not bound to work out the gratuity retrospectively to pay the same at a higher rate( Normally, the amount of salary which you are drawing now will be higher). Still you can get gratuity provided the two conditions listed below are satisfied.
1. You will refund the gratuity received to the company with interest.
2. The period from the date of leaving to the date of rejoining the company will be treated as authorised leave (without pay, certainly) and your service will be regularised.
If the above two conditions are satisfied, your service would be regularised and the period during which you were not with the company would be treated as leave without pay. Normally during any year if an employee could not work for 240 days, that year will be treated as 'interrupted service' and for the purpose of calculating gratuity a continuous period or uninterrupted service is required. But you have to ensure that you will get gratuity for the particular year for which you didnot work for 240 days or at least 190 days (since you work for less than six days a week).
It will happen only if the company shows the same kindness as shown when you rejoined the company. Therefore, it should not be taken as your right but only an arrangement by which the company only will lose. As stated earlier, please do not think that gratuity is something like any Fund which can be withdrawn as and when need comes.
Regards,
Madhu.T.K
From India, Kannur
dear
if someone rejoins in company the same PF number has to be alloted by law.so it is not a mistake to allot u the same number.secondly,there is break in service and u have taken your all benefits earlier and u are not entitle for any gratuity.
tks
j s malik
From India, Delhi
if someone rejoins in company the same PF number has to be alloted by law.so it is not a mistake to allot u the same number.secondly,there is break in service and u have taken your all benefits earlier and u are not entitle for any gratuity.
tks
j s malik
From India, Delhi
If an employee work in a company for 4years regularly and exit without getting his gratuity benefit and after 3year 9months the employee rejoin the same company and worked for 9years. His the employee eligible to get gratuity benefit of his past service of 4years. If yeas then how
From India, Karnal
From India, Karnal
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc