An employee joins on 1 Oct 2016. He submits resignation and resigns on 23 March 2018. He joins again on 29 April 2018 and a fresh appointment letter is issued.
He then resigns on 7 Jun 2021. Is he eligible for gratuity and if yes, how
From India, Bengaluru
He then resigns on 7 Jun 2021. Is he eligible for gratuity and if yes, how
From India, Bengaluru
His date of Joining 1 Oct 2016 & resigned on 23 March 2018 total service 1 yr 5 month 23 days then he is rejoined on 29 April 2018. But as per Payment of Gratuity Act 1972 under section Sec.4, Gratuity shall be payable to an employee on the termination of his employment after rendered continuous service for not less than five years. Here "continuous service" defines under section 2A only.
Rejoining is new appointment; hence amalgamation of service period is not entitled for Gratuity.
From India, Noida
Rejoining is new appointment; hence amalgamation of service period is not entitled for Gratuity.
From India, Noida
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx