Hi, i was worked in multinational company more than 18years. Company has terminated me without giving any notice or investigation, charges involved as LARGE MONEY use on personal gain,also alcohol use in office premises. The company has not mentioned the amount. Can company stop my P.F, Superannuation, and gratuity? I was worked as an Executive post. My leave encasement also due for 3 months.i was terminated one month back,please guide me....
From United States, Cambridge
From United States, Cambridge
Hi,
On legal ground if your company hasn't given you any notice in written explanining the termination cause, they can't withheld any of you pendings.
I would suggest you should consult a legal advisor and send a notice to your company. Most likely in such cases companies do not want to get involved and would further like to close the chaptter with a mutual consent as this is the case of their own company's image in the market.
Regards,
Harpreet Walia
From India, New Delhi
121On legal ground if your company hasn't given you any notice in written explanining the termination cause, they can't withheld any of you pendings.
I would suggest you should consult a legal advisor and send a notice to your company. Most likely in such cases companies do not want to get involved and would further like to close the chaptter with a mutual consent as this is the case of their own company's image in the market.
Regards,
Harpreet Walia
From India, New Delhi
hello,
your termination will be invalid if the employer hasnt given showcause notice, not conducted inquiry in such case your termination will be invalid and your are eligible for all the benefits
in case if enquiry has been conducted and charges against you are proved beyond doubt, they can with hold the gratuity to a certain amount and they cannot fully hold the gratuity amount.
the result depends upon the details and nature of the charges held against you.
Warm regards
kathirvel.M
From India, Coimbatore
your termination will be invalid if the employer hasnt given showcause notice, not conducted inquiry in such case your termination will be invalid and your are eligible for all the benefits
in case if enquiry has been conducted and charges against you are proved beyond doubt, they can with hold the gratuity to a certain amount and they cannot fully hold the gratuity amount.
the result depends upon the details and nature of the charges held against you.
Warm regards
kathirvel.M
From India, Coimbatore
Dear Rohit,
Your company can not hold your gratuity, PF or other labour law benefits as the company itself is on the back foot by not obey the labour law rules. So you need not to worry about the benefits. You can talk your HR manager regarding this otherwise you have very good option to go to labour court for this.
From India, Chandigarh
Your company can not hold your gratuity, PF or other labour law benefits as the company itself is on the back foot by not obey the labour law rules. So you need not to worry about the benefits. You can talk your HR manager regarding this otherwise you have very good option to go to labour court for this.
From India, Chandigarh
oportunity has to be given to accused person .. hear the ther side . or else its againest the principle of nature justice :-) in your case he dint give you the chance to your voice. so all the actions taken againest are not comes under legal terms.
your termination itself not valied and benifits has to be paid.
in your case it seemd you dint bother about employement .. you are very much concern about benifits part.
ok any why going to labour court is dependes upon your service of employement.
i think you are performing managerial functions .. any y all the best:-)
From India, Hyderabad
your termination itself not valied and benifits has to be paid.
in your case it seemd you dint bother about employement .. you are very much concern about benifits part.
ok any why going to labour court is dependes upon your service of employement.
i think you are performing managerial functions .. any y all the best:-)
From India, Hyderabad
In no case the Employer can with hold the PF. Pl fill up the Forms, get it attested from Er./Your Bank Manager and submit to RPFC. CHANDOK RPFC (Retd.)
From India, Chandigarh
From India, Chandigarh
Dear Rohit,
If company finds any misconduct / misbehaviour / misappropriation / unsatisfactory of an employee, than according to terms of employement employer has right to terminate but not without any proper evidence and enquiry to delinquent. Even though you find guilty of the above said disciplinary actions employer has no right to stop your PF, Supperannutation & Gratutity unless & untill it is mentioned in your appointment letter as company terms & conditions. It is illegal. You need not to worry about your monetary benefits. You can approach concerned Labour officer for retrival of your benefits. For more information you can contact me on 8801164400
Regards,
Rammi24
From India, Telangana
If company finds any misconduct / misbehaviour / misappropriation / unsatisfactory of an employee, than according to terms of employement employer has right to terminate but not without any proper evidence and enquiry to delinquent. Even though you find guilty of the above said disciplinary actions employer has no right to stop your PF, Supperannutation & Gratutity unless & untill it is mentioned in your appointment letter as company terms & conditions. It is illegal. You need not to worry about your monetary benefits. You can approach concerned Labour officer for retrival of your benefits. For more information you can contact me on 8801164400
Regards,
Rammi24
From India, Telangana
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx