Employer forfeit Gratuity if an employee was terminated from the company, and he was associated with the company for the last 6 years.
Source: [CiteHR](https://www.citehr.com/461504-can-employer-forfeit-pf.html#ixzz2UUMI4MKe)
From India, Delhi
Acknowledge(0)
Amend(0)
Source: [CiteHR](https://www.citehr.com/461504-can-employer-forfeit-pf.html#ixzz2UUMI4MKe)
From India, Delhi
Acknowledge(0)Amend(0)
Company has put lots of points against termination so do u think can i file suite against company. Whereas i have also signed the termination letter. As at that moment i was not aware about this fact that company forfeit my gratuity also.
The corrected version with proper spelling, grammar, and paragraph formatting is:
Company has put lots of points against termination, so do you think I can file a suit against the company? I have also signed the termination letter. At that moment, I was not aware that the company forfeited my gratuity as well.
From India, Delhi
Acknowledge(0)Amend(0)
The corrected version with proper spelling, grammar, and paragraph formatting is:
Company has put lots of points against termination, so do you think I can file a suit against the company? I have also signed the termination letter. At that moment, I was not aware that the company forfeited my gratuity as well.
From India, Delhi
Acknowledge(0)Amend(0)
412
Dear Rupeshdelhi,
Simply being terminated by the company is no reason for denial of gratuity. Even termination for misconduct is also not a reason, as there are many misconducts which are not considered serious or warrant major punishment like termination. Additionally, the company has to prove the misconduct through a proper inquiry that adheres to the principles of natural justice. Moreover, the inquiry has to be quasi-judicial in nature, something that very few companies have the know-how to conduct.
From my experience, I can tell you that the company shall be forced to give you gratuity if the matter goes to court (assuming other things are as true as stated by you). The fact that ex-employees do not fight for their rights encourages these companies to be arrogant enough to violate laws.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
Simply being terminated by the company is no reason for denial of gratuity. Even termination for misconduct is also not a reason, as there are many misconducts which are not considered serious or warrant major punishment like termination. Additionally, the company has to prove the misconduct through a proper inquiry that adheres to the principles of natural justice. Moreover, the inquiry has to be quasi-judicial in nature, something that very few companies have the know-how to conduct.
From my experience, I can tell you that the company shall be forced to give you gratuity if the matter goes to court (assuming other things are as true as stated by you). The fact that ex-employees do not fight for their rights encourages these companies to be arrogant enough to violate laws.
Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
HR Concern for Employer n Employee.doc