Right to forfeit gratuity of an employee by the employer is not absolute but only when the employee has been dismissed for misconduct as specified in section 4(6) of the Payment of Gratuity Act. Even such forfeiture can be taken-up only after giving an opportunity to the concerned employee, issuing a show-cause notice.
"The gratuity of an employee, whose services have been terminated for any act, willful omission or 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 so caused."
For an act of habitual absenteeism from duty, you cannot forfeit the gratuity of an employee.
From Radius Enterprise Solutions, Mumbai. We provide HR & Labour Law Compliance Management Services to different companies in Mumbai and outside Mumbai. For more details, you can go through our website - https://square-jobs.com/hr-services/. Email ID -
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1"The gratuity of an employee, whose services have been terminated for any act, willful omission or 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 so caused."
For an act of habitual absenteeism from duty, you cannot forfeit the gratuity of an employee.
From Radius Enterprise Solutions, Mumbai. We provide HR & Labour Law Compliance Management Services to different companies in Mumbai and outside Mumbai. For more details, you can go through our website - https://square-jobs.com/hr-services/. Email ID -
From India
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