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
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7From India, Mumbai
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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 to minimize legal expenses, etc. It is advisable to take it on as a union if you are covered under a Trade Union Act. If you don't have a union to fight it out, nothing is wrong in organizing one group and taking the matter boldly.
Kumar S.
From India, Bangalore
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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 to minimize legal expenses, etc. It is advisable to take it on as a union if you are covered under a Trade Union Act. If you don't have a union to fight it out, nothing is wrong in organizing one group and taking the matter boldly.
Kumar S.
From India, Bangalore
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Dear Mahadevan,
Sure, it is better if you approach the Labour Commissioner collectively. It is highly advised to do so as it will have a much greater impact on your case. Don't hurry; you have plenty of time to file your case. So, proceed calmly and coolly, and you will surely get your gratuity.
From India, New Delhi
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Sure, it is better if you approach the Labour Commissioner collectively. It is highly advised to do so as it will have a much greater impact on your case. Don't hurry; you have plenty of time to file your case. So, proceed calmly and coolly, and you will surely get your gratuity.
From India, New Delhi
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Another aspect you don't need to approach any union for that, just visit the local labor commissioner's office for help and file a simple application. If you approach any trade union, they may ask for money 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
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From India, New Delhi
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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 writing or via email.
[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 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 or (b) any act which constitutes an offense involving moral turpitude, provided that such an offense is committed by him in the course of his employment.
Thus, the law provides for the forfeiture of the gratuity in case of employee misconduct. Depending on the nature of the misconduct, sometimes complete forfeiture results, and at other times only partial forfeiture results.
[COLOR="DarkOrchid"]Controlling Authority[/COLOR]: If an employer is not paying gratuity without showing any authorized reason for termination, you can make an application to the Controlling Authority. Upon 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 pay the same to the employee entitled thereto.
First, speak to the right person/HR Deptt, get to know the exact reason for termination. If you find no valid reason, convey the message to HR and ensure things are done smoothly. If not, please approach legally.
Good Luck.
From India, Hyderabad
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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 writing or via email.
[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 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 or (b) any act which constitutes an offense involving moral turpitude, provided that such an offense is committed by him in the course of his employment.
Thus, the law provides for the forfeiture of the gratuity in case of employee misconduct. Depending on the nature of the misconduct, sometimes complete forfeiture results, and at other times only partial forfeiture results.
[COLOR="DarkOrchid"]Controlling Authority[/COLOR]: If an employer is not paying gratuity without showing any authorized reason for termination, you can make an application to the Controlling Authority. Upon 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 pay the same to the employee entitled thereto.
First, speak to the right person/HR Deptt, get to know the exact reason for termination. If you find no valid reason, convey the message to HR and ensure things are done smoothly. If not, please approach legally.
Good Luck.
From India, Hyderabad
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Dear Mahadevan,
Have you received the full and final settlement amount? If yes, please send a reminder letter to your employer, mentioning the omission of gratuity. If your employer is unwilling to provide gratuity, you can approach the area labor inspector or labor commissioner.
It is also important to consider the position you hold. If you are in a senior-level position, you have the option to seek resolution through the civil court.
Thank you,
Kartik Chandra Dutta
From India, Mumbai
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Have you received the full and final settlement amount? If yes, please send a reminder letter to your employer, mentioning the omission of gratuity. If your employer is unwilling to provide gratuity, you can approach the area labor inspector or labor commissioner.
It is also important to consider the position you hold. If you are in a senior-level position, you have the option to seek resolution through the civil court.
Thank you,
Kartik Chandra Dutta
From India, Mumbai
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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 labor 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 your services were terminated, for what reasons? Because that too matters.
Regards,
Pedgaonkar
Asst. Commr. of Labor (Retd)
9322742801
From India, Pune
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Next, you have stated that your services were terminated, for what reasons? Because that too matters.
Regards,
Pedgaonkar
Asst. Commr. of Labor (Retd)
9322742801
From India, Pune
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