Dear Mr. Mahadevan, Kindly follow the steps explained vividely by Shri SATISH KUMAR DHANVAL. No need for any group. Regards. Ravi.V
From India, Mumbai
7From India, Mumbai
Dear Mahadevan,
A collective action, either as a Union or a group of such retrenched employees would give better bargaining power, strength and in case a dispute arises and goes to court better guidance and minimise legal expenses etc. It is advisable to take it on as a Union, if U R covered under a Trade Union Act. If U don't have a Union to fight it out, nothing wrong in organising one group and take the matter boldly.
kumar.s.
From India, Bangalore
A collective action, either as a Union or a group of such retrenched employees would give better bargaining power, strength and in case a dispute arises and goes to court better guidance and minimise legal expenses etc. It is advisable to take it on as a Union, if U R covered under a Trade Union Act. If U don't have a Union to fight it out, nothing wrong in organising one group and take the matter boldly.
kumar.s.
From India, Bangalore
Dear Mahadevan,
Sure, It is better you approach the Labour Commissioner collectively. It is highly advised to do so as it will give much more impact to your case as well. Don't Hurry you have got plenty of time to file your case. So head calmly and coolly you will surely get your gratuity.
From India, New Delhi
Sure, It is better you approach the Labour Commissioner collectively. It is highly advised to do so as it will give much more impact to your case as well. Don't Hurry you have got plenty of time to file your case. So head calmly and coolly you will surely get your gratuity.
From India, New Delhi
Another aspect you don't need to approach any union for that just visit the local labour commissioner office for help and file a simple application for that. If you will approach any trade union they may ask for money in order to pursue your case, which is not needed here. In my opinion go ahead and file the application as a group by yourself.
From India, New Delhi
From India, New Delhi
Dear Mahadevan,
You have mentioned they have terminated your services, for any employer there should be an authorized reason to terminate an employee and the same has to be communicated to the Employee in written/mail etc..
[COLOR="rgb(153, 50, 204)"]Forfeiture of Gratuity:[/COLOR] (Sec 4) (6) The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage to the property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. The gratuity payable to an employee shall be wholly forfeited if the services of such employee have been terminated for (1) his riotous or disorderly conduct or any other act of violence on his part of (b) any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Thus the law provided for the forfeiture of the gratuity in case of misconduct of the employee. Depending upon the nature of the misconduct sometime complete forfeiture results and yet at other times only partial forfeiture results.
Controlling Authority: If employer is not paying gratuity without showing any authorized reason for termination, you can make an application to the Controlling Authority. On receipt of the application from you, they issue a certificate for the Gratuity amount to the Collector. The Collector shall recover the amount as arrears of revenue together with compound interest at the rate of 9% p.a from the date of expiry of the prescribed time and the pay the same to the employee entitled thereto.
First speak to the right person/HR Deptt, get to know what exactly the reason for termination, if you find no valid reason, convey the right message to the HR and get the things done smoothly.... if not.. please approach Legally....
Good Luck.......
From India, Hyderabad
You have mentioned they have terminated your services, for any employer there should be an authorized reason to terminate an employee and the same has to be communicated to the Employee in written/mail etc..
[COLOR="rgb(153, 50, 204)"]Forfeiture of Gratuity:[/COLOR] (Sec 4) (6) The gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage to the property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. The gratuity payable to an employee shall be wholly forfeited if the services of such employee have been terminated for (1) his riotous or disorderly conduct or any other act of violence on his part of (b) any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
Thus the law provided for the forfeiture of the gratuity in case of misconduct of the employee. Depending upon the nature of the misconduct sometime complete forfeiture results and yet at other times only partial forfeiture results.
Controlling Authority: If employer is not paying gratuity without showing any authorized reason for termination, you can make an application to the Controlling Authority. On receipt of the application from you, they issue a certificate for the Gratuity amount to the Collector. The Collector shall recover the amount as arrears of revenue together with compound interest at the rate of 9% p.a from the date of expiry of the prescribed time and the pay the same to the employee entitled thereto.
First speak to the right person/HR Deptt, get to know what exactly the reason for termination, if you find no valid reason, convey the right message to the HR and get the things done smoothly.... if not.. please approach Legally....
Good Luck.......
From India, Hyderabad
Dear Mahadevan
have you taken the amount of full and final settlement ? if yes then give a remainder letter to your employer mentioning the ommission of gratuity.
If your employer is not willing to give garatuity then go to area labour inspector or labour commissioner.
It is also important in which position you are working ? If you are in a senior level position then you can go to civil court also.
Thanks
Kartik chandra Dutta
From India, Mumbai
have you taken the amount of full and final settlement ? if yes then give a remainder letter to your employer mentioning the ommission of gratuity.
If your employer is not willing to give garatuity then go to area labour inspector or labour commissioner.
It is also important in which position you are working ? If you are in a senior level position then you can go to civil court also.
Thanks
Kartik chandra Dutta
From India, Mumbai
All my learned friends have advised you correctly,but one thing is missing i.e. submission of Application of gratuity by an employee in Form I.
This is essential before you approach the local labour authority.You are required to send the aforesaid application by registered post, then wait for thirty days,then it is the right time to approach the authority.
Next, you have stated that ur services were terminated,for what reasons?,because that too matters.
Regards.
Pedgaonkar
Asst.Commr.of Labour (Retd)
9322742801
From India, Pune
This is essential before you approach the local labour authority.You are required to send the aforesaid application by registered post, then wait for thirty days,then it is the right time to approach the authority.
Next, you have stated that ur services were terminated,for what reasons?,because that too matters.
Regards.
Pedgaonkar
Asst.Commr.of Labour (Retd)
9322742801
From India, Pune
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