After completing more than 10 years in a company, I have recently resigned. However, after a 3-month gap period, the company called me back and rehired me. In this case, am I eligible to claim gratuity for the last 10 years, or because I rejoined the same company, am I not permitted to withdraw gratuity?
From India, undefined
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From India, undefined
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Hi,
After 10 years of service, you resigned and left. Did they clear the Full and Final Settlement? If so, your employer should have also paid Gratuity.
After a 3-month gap, upon rejoining, if a new appointment order is issued with revised terms and conditions, you can claim Gratuity for the 10 years of service. If the three-month break was considered as leave without pay, then it will be viewed as continuity of employment. In that scenario, you will not be able to claim Gratuity at this time.
From India, Madras
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1153After 10 years of service, you resigned and left. Did they clear the Full and Final Settlement? If so, your employer should have also paid Gratuity.
After a 3-month gap, upon rejoining, if a new appointment order is issued with revised terms and conditions, you can claim Gratuity for the 10 years of service. If the three-month break was considered as leave without pay, then it will be viewed as continuity of employment. In that scenario, you will not be able to claim Gratuity at this time.
From India, Madras
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Appreciating what Laxshmi Narayan has said, I would like to add that there should be a clear understanding about the treatment of past service before you join/rejoin the same organization. Otherwise, in the future, this will lead to confusions and it may even lead to legal battles. If the three months' gap was treated as LOP, there should be an understanding of whether these days would be treated as a service period because a period of LOP days regularized would be treated as "continuous service" for the purpose of gratuity. If it is treated as a break in service, it may not spoil much if the remaining period in the 12 months would contribute 240 days.
Since the gratuity is always calculated on the last drawn salary, it would be fair if the same is claimed after the end of the extended period.
From India, Kannur
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Since the gratuity is always calculated on the last drawn salary, it would be fair if the same is claimed after the end of the extended period.
From India, Kannur
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