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thasleem (Deputy Manager)     30 August 2011

Gratuity & relieving from service

Dear all,

I need some help...very urgently. I was working with a company for the past seven years and quit the company w.e.f 01.08.2011. As per the terms of employment I was supposed to serve 3 calendar months notice period of which I served only one calender month. The shortfall in notice pay of 2 months will be deducted from my full and final settlement which is still pending. However, on the last day of work itself I was paid the gratuity amount due to me. Now, due to some personal reasons, I have applied to rejoin the same company. Questiona is technically can I join the company without a break in service if I refund the amount of gratuity. Pending full and final settlement and recovery of notice period dues can I be considered to be relieved from the services of the company. I do have enoough leave to fill in the gap in service.Please help...it is extremely urgent.



 



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 3 Replies

Isaac Gabriel (Advocate)     30 August 2011

Rejoining the job is not a problem in case the employer is willing to take you back..Sort out the issues with the employer and arrive at a decision  with regard to the points raised.

Kumar Doab (FIN)     30 August 2011

Learned Mr. Gabriel has given valuable advice. Kindly follow it.

Your employer may agree to treat the period as extra ordinary leave and help you. You may settle the matter pertaining to gratuity with HR, as they can brief you on the way out. You can also seek the advice from senior staff at the jurisdiction office in your city.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 August 2011

I DO AGREE WITH ISSAC.


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