Hello,
Is any dismissed employee reserves the right to receive all the benefits (i.e. EL, PF, Gratuity, Bonus, etc) that's due to him ?
Kindly share your knowledge and experience.
Thanks and regards,
Jahir
From Bangladesh, Dhaka
4Is any dismissed employee reserves the right to receive all the benefits (i.e. EL, PF, Gratuity, Bonus, etc) that's due to him ?
Kindly share your knowledge and experience.
Thanks and regards,
Jahir
From Bangladesh, Dhaka
If there is an employment contract defining the grounds for termination or the tenure of employment, the employer cannot change the terms. If there is a breach of contract, employee can make a legal case on grounds of unfair dismissal. Generally speaking, the cause for dismissal should be just and fair like misconduct, lack of capability, change in company direction or redundancy. However, if the employment is `at will', the management can show you the door even on a flimsy excuse.
Worker/employee cannot challenge the dismissal unless it throws up illegal reasons like discrimination of some kind. A wrongful discharge suit can result in claims from punitive reparation, back pay, compensatory damages to reinstatement. Also, serving the requisite notice is mandatory, unless there is an express agreement to the contrary. However, gross misconduct can lead to summary dismissal.
Under the Payment of Gratuity Act, 1972, continous employed for five years or more is entitled to a gratuity payment upon termination of service, except where such termination has been as a result of his or her wilful omission or negligence resulting in damage or loss of the employer’s property, in which case the gratuity is forfeited to the extent of the damage caused. Where the employee has been dismissed on account of his or her riotous, violent or disorderly conduct or for an offence involving moral turpitude in the course of employment, the gratuity shall be wholly or partly forfeited. Calculation will remain same- 15 days wage for every completed year of service
"In case of retrenchments, employees with more than one year’s service, and other than temporary or casual employees, are entitled to compensation equivalent to 15 days’ pay for each completed year of service "-sec. 25F(b). Of ID act
Hope it has benefited you
regards
Worker/employee cannot challenge the dismissal unless it throws up illegal reasons like discrimination of some kind. A wrongful discharge suit can result in claims from punitive reparation, back pay, compensatory damages to reinstatement. Also, serving the requisite notice is mandatory, unless there is an express agreement to the contrary. However, gross misconduct can lead to summary dismissal.
Under the Payment of Gratuity Act, 1972, continous employed for five years or more is entitled to a gratuity payment upon termination of service, except where such termination has been as a result of his or her wilful omission or negligence resulting in damage or loss of the employer’s property, in which case the gratuity is forfeited to the extent of the damage caused. Where the employee has been dismissed on account of his or her riotous, violent or disorderly conduct or for an offence involving moral turpitude in the course of employment, the gratuity shall be wholly or partly forfeited. Calculation will remain same- 15 days wage for every completed year of service
"In case of retrenchments, employees with more than one year’s service, and other than temporary or casual employees, are entitled to compensation equivalent to 15 days’ pay for each completed year of service "-sec. 25F(b). Of ID act
Hope it has benefited you
regards
Dear
Only Emloyers contribution to PF can be witheld for proven misconduct involving pecuniary loss to the Employer.,otherwise you will have to pay all terminal benefits.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
Only Emloyers contribution to PF can be witheld for proven misconduct involving pecuniary loss to the Employer.,otherwise you will have to pay all terminal benefits.
with kind regards,
V.Sounder Rajan
Chennai – 600 001.
Off : 044-42620864, 044-65874684
,
From India, Bangalore
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