I worked for an organization for more than 5 years (Feb 2012 - May 2017). During that period, in June 2015, I resigned because I received a better opportunity. However, I had a verbal communication with my manager, and the company offered me the same package, so I decided to stay and not move to a new company. Unfortunately, I forgot to revoke my resignation with written proof or an email. Now, after leaving the organization after 5.5 years and applying for gratuity, they are stating that I am not eligible for gratuity because my job was not continuous as I had resigned in 2015, which they accepted.
I never signed any rejoining or relieving letter during that time, and I have all the salary slips and bank statements from that period, clearly showing that my Employee ID is the same on all salary slips, and the salary was continuously deposited in my bank without any breaks. The company does not have a PF scheme, so there is no PF number.
Can anyone please advise if I am eligible for gratuity or not?
From India, New Delhi
I never signed any rejoining or relieving letter during that time, and I have all the salary slips and bank statements from that period, clearly showing that my Employee ID is the same on all salary slips, and the salary was continuously deposited in my bank without any breaks. The company does not have a PF scheme, so there is no PF number.
Can anyone please advise if I am eligible for gratuity or not?
From India, New Delhi
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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 did the company permit 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
4771From 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 a request letter for gratuity, you may take it further with the Assistant Commissioner of Labour, who is the controlling authority as per the Gratuity Act. You can file a case with the 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 a request letter for gratuity, you may take it further with the Assistant Commissioner of Labour, who is the controlling authority as per the Gratuity Act. You can file a case with the 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's words are not legally proven under the Payment of Gratuity Act. When you resigned from the employment, your employer strives to retain you; this is a general practice of employment. If your management is saying the resignation was accepted, then ask them for proof. To prove your break in service, your attendance muster is the proof to show your continuity in employment. Your condition does not fall under discontinuity or break in service according to the Payment of Gratuity Act.
From India, Mumbai
Your management's words are not legally proven under the Payment of Gratuity Act. When you resigned from the employment, your employer strives to retain you; this is a general practice of employment. If your management is saying the resignation was accepted, then ask them for proof. To prove your break in service, your attendance muster is the proof to show your continuity in employment. Your condition does not fall under discontinuity or break in service according to the Payment of Gratuity Act.
From India, Mumbai
One of my friends from the same company, for the same reason, has sent a notice to the company for gratuity. In return, the company's lawyer has sent a notice blaming him, stating that he had stolen data and committed molestation. The company files similar cases against other employees who request gratuity and other benefits. What should we do?
From India, New Delhi
From India, New Delhi
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