Due to a tremendous workload, technical issues, and a lack of adequate staff, I missed performing quality checks on my subordinate's work. The client found errors in their internal audit and is claiming compensation. The situation is well known to management, who are now asking for my resignation. I am concerned that I may not receive my gratuity and other financial benefits. Please help me in dealing with this.
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear member,
Are you sure that the client has demanded compensation for the submission of the erroneous work to them? Does the situation merit termination of employment? Did you submit an application to your employer to show clemency?
How many years of service have you rendered? Are you sure about the eligibility to get gratuity?
If you are terminated, immediately after your separation, you should submit Form-1 to claim gratuity. If the HR department does not accept it by hand, then send the filled form by Speed Post. Maintain the records of the receipt from the post office. If the employer fails to pay, then you may approach this forum again.
Thanks,
Dinesh Divekar
From India, Bangalore
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8034Are you sure that the client has demanded compensation for the submission of the erroneous work to them? Does the situation merit termination of employment? Did you submit an application to your employer to show clemency?
How many years of service have you rendered? Are you sure about the eligibility to get gratuity?
If you are terminated, immediately after your separation, you should submit Form-1 to claim gratuity. If the HR department does not accept it by hand, then send the filled form by Speed Post. Maintain the records of the receipt from the post office. If the employer fails to pay, then you may approach this forum again.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi there,
Are you eligible for Gratuity and have you rendered continuous 5 years of service as stipulated in the Gratuity Act?
It depends on the volume of loss to the company. The employer has to prove that the loss is solely due to your negligence in your work. Gratuity can be forfeited by the employer on the following grounds:
"Besides safeguarding the interests of an employee, the Gratuity Act also allows the employer to exercise control over the partial or whole gratuity amount to be paid in the event of grave misconduct or damage caused by the employee to the belongings of the employer and others.
The gratuity of an employee whose services are being considered for termination on the accountability of an act of willful omission/negligence causing any damage or loss to, or destruction of, property belonging to the employer shall be forfeited to the extent of the damage or loss/vandalization so caused."
However, the damages suffered by the employer should be quantified. Principles of natural justice must be adhered to; the employer must pass an order to forfeit the gratuity, whole or partial, following the law and its legal proceedings.
If they are asking for your resignation, they might clear your settlement, including Gratuity. So please don't jump to conclusions by yourself.
From India, Madras
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Are you eligible for Gratuity and have you rendered continuous 5 years of service as stipulated in the Gratuity Act?
It depends on the volume of loss to the company. The employer has to prove that the loss is solely due to your negligence in your work. Gratuity can be forfeited by the employer on the following grounds:
"Besides safeguarding the interests of an employee, the Gratuity Act also allows the employer to exercise control over the partial or whole gratuity amount to be paid in the event of grave misconduct or damage caused by the employee to the belongings of the employer and others.
The gratuity of an employee whose services are being considered for termination on the accountability of an act of willful omission/negligence causing any damage or loss to, or destruction of, property belonging to the employer shall be forfeited to the extent of the damage or loss/vandalization so caused."
However, the damages suffered by the employer should be quantified. Principles of natural justice must be adhered to; the employer must pass an order to forfeit the gratuity, whole or partial, following the law and its legal proceedings.
If they are asking for your resignation, they might clear your settlement, including Gratuity. So please don't jump to conclusions by yourself.
From India, Madras
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