I worked for an organisation more than 5 years(Feb 2012- May 2017). During that period in June 2015 I had resigned from there because I got some better opportunity. But I had a verbal communication with my manager and my company had offered me the same package so I avoided to move to new company. But I forgot to revoke my resignation with some written proof or email.Now when I left that organisation after 5.5 years and applied for gratuity, they are saying that you are not applicable for gratuity because your job is not continuous you had resigned in 2015 and we had accepted it. I had never signed any rejoining letter or reliving letter during that period and I have all the salary slips and bank statements of that time period clearly shows that my Emp ID is same in all salary slips and salary is continuously deposited in my bank without any break. Company doesn't have any PF scheme so there is no PF number.
So anyone can please tell am I eligible for gratuity or not.
From India, New Delhi
So anyone can please tell am I eligible for gratuity or not.
From India, New Delhi
There is no break in service in your case. The company cannot reject your demand saying that you have "Resigned and we have accepted it". If you had resigned and the company had accepted it, why the company permitted you to do the work of the company?, why did the company pay remuneration to you since then, and that also at an increased rate? You are entitled to get gratuity by all means.
From India, Kannur
4248From India, Kannur
Hi,
As rightly pointed out by Mr.T.K.Madhu you are eligible for Gratuity.
Please ensure you have not signed any new appointment order during June,2015. If there is no response from your employer even after submission of request letter for gratuity, you may take it further with the Assistant Commissioner of Labour who the controlling authority as per Gratuity Act. You can file a case with ACL of your Region.
From India, Madras
As rightly pointed out by Mr.T.K.Madhu you are eligible for Gratuity.
Please ensure you have not signed any new appointment order during June,2015. If there is no response from your employer even after submission of request letter for gratuity, you may take it further with the Assistant Commissioner of Labour who the controlling authority as per Gratuity Act. You can file a case with ACL of your Region.
From India, Madras
Could you please describe little bit about discontinuity in job in case of gratuity period.
From India, New Delhi
From India, New Delhi
Dear Friend,
Your management words not legally proven under Payment of Gratuity Act, When you resigned from the employment your employer strives to retain you,this is the process of general practises of employment.
If your management is saying, resignation was accepted then ask them for proof, to prove your break in service, your attendance muster is the proof to prove your continuity in employment.
Your condition not falls under discontinuity or break in service according to Payment of Graduity Act.
From India, Mumbai
Your management words not legally proven under Payment of Gratuity Act, When you resigned from the employment your employer strives to retain you,this is the process of general practises of employment.
If your management is saying, resignation was accepted then ask them for proof, to prove your break in service, your attendance muster is the proof to prove your continuity in employment.
Your condition not falls under discontinuity or break in service according to Payment of Graduity Act.
From India, Mumbai
One of my friend for the same company and same reason has sent notice to the company for gratuity and in return company lawyer has sent the notice blaming that you had theft data and did molestation. They(company) file same kind of case on other employees who ask for gratuity and other benefits. What should we do.
From India, New Delhi
From India, New Delhi
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.
Temporary, adhoc & contract worker also eligible for maternity leave 12102017.pdf
Recent Judgment of Honble Supreme Court on Wage eligible for contribution.pp tx