Can employer forfeit Gratuity if employee was terminate from Company and he was associate with company from last 06 years.
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From India, Delhi
attribution https://www.citehr.com/461504-can-em...#ixzz2UUMI4MKe
From India, Delhi
Company has put lots of points against termination so do u think can i file suite against company.
Whereas i have also signed the termination letter.
As at that moment i was not aware about this fact that company forfeit my gratuity also.
From India, Delhi
Whereas i have also signed the termination letter.
As at that moment i was not aware about this fact that company forfeit my gratuity also.
From India, Delhi
If you think, you are eligible for gratuity, then file a petition before the Payment Gratuity Authority in your area, There is cost involved. Some labour consultants might take up the case and argue it or you can argue yourself. Depending on the money you should get engage an advocate
From India, Chennai
368From India, Chennai
Dear Rupeshdelhi
Simply being Terminated by the company, is no reason for denial of gratuity.
Even termination on Misconducts is also not a reason; for there are many misconducts which are not considered serious or call for major punishment like Termination.
Also, the company has to prove the Misconduct through a proper Enquiry which adheres to the Principal of Natural Justice.
Moreover, the Enquiry has to be of quasi-judicial in nature; which very few companies have the know-how to conduct.
From my experience, I can tell you that the company shall be forced to give you gratuity in case the matter goes to court (other things being true as stated by you).
The very fact that, ex-employees do not fight for their rights, encourages these companies to be arrogant enough to violate Laws.
Warm regards.
From India, Delhi
Simply being Terminated by the company, is no reason for denial of gratuity.
Even termination on Misconducts is also not a reason; for there are many misconducts which are not considered serious or call for major punishment like Termination.
Also, the company has to prove the Misconduct through a proper Enquiry which adheres to the Principal of Natural Justice.
Moreover, the Enquiry has to be of quasi-judicial in nature; which very few companies have the know-how to conduct.
From my experience, I can tell you that the company shall be forced to give you gratuity in case the matter goes to court (other things being true as stated by you).
The very fact that, ex-employees do not fight for their rights, encourages these companies to be arrogant enough to violate Laws.
Warm regards.
From India, Delhi
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