Dear Seniors,
One of the employee got transferred from one to other division after rendering 2 1/2 years service. now in the current division he rendered nearly 3 years of service. In the meanwhile due to some financial problems he withdrawn his first division pf amount.
Now he dropped his resignation letter. He is asking for his service continuity since his basic was nominal.
whether we can accept is request of service continuity and provide gratuity to him.
pls advice.
regards,
uday
From India, Madras
One of the employee got transferred from one to other division after rendering 2 1/2 years service. now in the current division he rendered nearly 3 years of service. In the meanwhile due to some financial problems he withdrawn his first division pf amount.
Now he dropped his resignation letter. He is asking for his service continuity since his basic was nominal.
whether we can accept is request of service continuity and provide gratuity to him.
pls advice.
regards,
uday
From India, Madras
Dear Silva,
I cant understand your meaning.
Once again I will clearly explain it to help
The employee joined on 2006 in a division,then he inter-transferred to other division on 2008. But his DOJ has continued and got salary slip with same DOJ. In PF records also same DOJ mentioned. In 2010 he applied for settlement of the first division claim due to some financial issues.
Now he dropped his resignation letter and he is asking service certificate for 5+ years.
can we accept and provide service certificate and pay gratuity for him or not....
I took the responsibility on 2011.
i got suggestion from my friend is that on receiving the claim of first division PF, he is not considered to have a continuity of service and not eligible for gratuity.
If there any section in PF act mentioning that "company services of any employee is not considered to be continued while withdraw the PF claim of first division".
Let me know with sections in PF if any.
regards,
uday
From India, Madras
I cant understand your meaning.
Once again I will clearly explain it to help
The employee joined on 2006 in a division,then he inter-transferred to other division on 2008. But his DOJ has continued and got salary slip with same DOJ. In PF records also same DOJ mentioned. In 2010 he applied for settlement of the first division claim due to some financial issues.
Now he dropped his resignation letter and he is asking service certificate for 5+ years.
can we accept and provide service certificate and pay gratuity for him or not....
I took the responsibility on 2011.
i got suggestion from my friend is that on receiving the claim of first division PF, he is not considered to have a continuity of service and not eligible for gratuity.
If there any section in PF act mentioning that "company services of any employee is not considered to be continued while withdraw the PF claim of first division".
Let me know with sections in PF if any.
regards,
uday
From India, Madras
Dear Uday,
It is a well known fact that PF amount can only be settled once an employee has been separated from the services, which means that the service of the mentioned employee stands separated after his withdrawal of Pf amount and his account has been closed by EPFO. In such case the employee will be having a new PF account for his next tenure of service. In such a case, it is the duty of the organization to clearly state the employee about his discontinuity of service once the PF has been withdrawn.
I think it is a mistake on the part of the organization to have continued with the same DOJ and the employee will benefit from this. If service record show that he has completed 5.5 yrs of service in the organization. then I think the company has no other option but to give him gratuity.
regards
From India, Calcutta
It is a well known fact that PF amount can only be settled once an employee has been separated from the services, which means that the service of the mentioned employee stands separated after his withdrawal of Pf amount and his account has been closed by EPFO. In such case the employee will be having a new PF account for his next tenure of service. In such a case, it is the duty of the organization to clearly state the employee about his discontinuity of service once the PF has been withdrawn.
I think it is a mistake on the part of the organization to have continued with the same DOJ and the employee will benefit from this. If service record show that he has completed 5.5 yrs of service in the organization. then I think the company has no other option but to give him gratuity.
regards
From India, Calcutta
I do not understand how can there be two PF account nos. for the same person. If it is inter transfer to other division, then the same PF no. should have continued and there is no question of withdrawing the PF from the 1st division. If it is a transfer with continuity of service, a person cannot withdraw his PF under any withdrawal rule of the PF Act. I think the organisation has overlooked this. In my opinion,since the date of joining is the same, the company has to pay gratuity, if he fights for it.
From India, Delhi
1From India, Delhi
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