Hello,
I would like to know one clarification in view of one problem (discussed hereunder ) from your end in respect of payment of gratuity under Payment of Gratuity Act, 1972. Suppose an employee who served in an organization for 8 years at a stretch and claimed his gratuity amount from his/her employer after resignation. The necessary gratuitous amount was released in favour of the said employee. One year later the same employee joined in another company/firm and served there for 11 years uninterruptedly. Can he/she claim gratuity again from his/her later employer from which he/she retired after superannuation ? Is double claim of Gratuity is acceptable in the eyes of law ? If not, then what are the identification marks through which an employee could be prevented from claiming gratuity further from different employers ? Thanks & hope to receive any reply in respect of the above from your desk. You may also send the reply in my e-mail id Krithika_2003@yahoo.com.

hi,
i think employee is eligible for gratuity from their new employer if he is completed 5 years in that organisation,
if i am wrong ,please correct me,


Eligibility for gratuity is,

An employee is eligible for receiving gratuity payment only after he has completed five years of continuous service. He is said to be in continuous service when he has provided uninterrupted service during that period.

on super annuation or
on his retirement or resignation or
death or disablement due to accident or disease.
This condition of five years is not necessary if the termination of the employment of an employee is due to death or disablement. However, interruption on account of sickness, accident, leave, lay-off, strike, lockout, cessation of work not due to any fault of the employee will not be considered as a break in service. (Section 4)



regards
Merina