Dear Seniors,
We have dismissed an employee on the grounds of habitual absenteeism. He has collected his notice pay salary but refuses to receive his gratuity payment.
We have intimated to collect his gratuity cheque through RPAD, but he never turned up. Please suggest us how to proceed further in this case.
Regards,
Madhan.S
From India, Madras
3We have dismissed an employee on the grounds of habitual absenteeism. He has collected his notice pay salary but refuses to receive his gratuity payment.
We have intimated to collect his gratuity cheque through RPAD, but he never turned up. Please suggest us how to proceed further in this case.
Regards,
Madhan.S
From India, Madras
Since you have intimated the employee through RPAD to collect the cheque for gratuity, you have fulfilled your obligation to a great extent but as an abundant caution, you may send the cheque to his address under RPAD too.
From India, Kolkata
From India, Kolkata
Dear Madan,
As per Act, you can deposit gratuity amount to controlling authority appointed under this Act, which is normally declared by way of Notification in Official gazette. (You can get details & draft for application in bare Act). The acknowledgement of such deposit will safe guard interest of you as an employer in case of any legal suits in case made for non-payment of gratuity.
From India, Pune
As per Act, you can deposit gratuity amount to controlling authority appointed under this Act, which is normally declared by way of Notification in Official gazette. (You can get details & draft for application in bare Act). The acknowledgement of such deposit will safe guard interest of you as an employer in case of any legal suits in case made for non-payment of gratuity.
From India, Pune
Fully agree with Shailendra Deshpande you can deposit the cheque with the competent authority as per the Act
From India, Ahmadabad
From India, Ahmadabad
Hi freinds My I know who is the competent authority to put the Gratutity amount in this case? Labour department? Regards Mahesh
From India, Bangalore
From India, Bangalore
Dear all,
It is true that the unpaid gratuity is surrendered to the designated Controlling authority of the area under the payment of gratuity act but here in this case, the queerest,
have not tried to send the payable gratuity to the recipient through cheque / demand draft. They have just intimated to collect the cheque.
If the amount sent through demand draft / cheque under registered cover is received undelivered, only then it should be surrendered to the Controlling authority.
From India, Delhi
It is true that the unpaid gratuity is surrendered to the designated Controlling authority of the area under the payment of gratuity act but here in this case, the queerest,
If the amount sent through demand draft / cheque under registered cover is received undelivered, only then it should be surrendered to the Controlling authority.
From India, Delhi
Dear Madhan,
Prepare his full & final settlement of account. Send copy to his residential address alongwith covering letter and photocopy of cheque by Registered Post Acknowledgment Copy. Inform him in writing that you are remitting his settlement of dues into his bank account available with you.
You may also write to him that if he has any objection for depositing the money into his bank account, he should reply to you within week's time from the date of receipt of your letter, failing which the same will be considered and kept as "Unclaimed Amount" for 3 years and thereafter it will be sent to the Welfare Commissioner.
It is not clear from your post that how old this matter is and the dismissal is with or without domestic enquiry?. The employee may be wanting to challenge the dismissal thru the labour department / court and hence not accepting the Gratuity amount.
Suresh
From India, Thane
Prepare his full & final settlement of account. Send copy to his residential address alongwith covering letter and photocopy of cheque by Registered Post Acknowledgment Copy. Inform him in writing that you are remitting his settlement of dues into his bank account available with you.
You may also write to him that if he has any objection for depositing the money into his bank account, he should reply to you within week's time from the date of receipt of your letter, failing which the same will be considered and kept as "Unclaimed Amount" for 3 years and thereafter it will be sent to the Welfare Commissioner.
It is not clear from your post that how old this matter is and the dismissal is with or without domestic enquiry?. The employee may be wanting to challenge the dismissal thru the labour department / court and hence not accepting the Gratuity amount.
Suresh
From India, Thane
Sir,
We have dismissed him on 2nd Dec 2016. He has been dismissed by conducting proper domestic enquiry through neutral 3rd party (enquiry officer). The finding clearly states that he is guilty of charges. Earlier also he has been advised, warned, suspended for several times for the same reason (Habitual absenteeism).
Regards,
Madhan.S
From India, Madras
We have dismissed him on 2nd Dec 2016. He has been dismissed by conducting proper domestic enquiry through neutral 3rd party (enquiry officer). The finding clearly states that he is guilty of charges. Earlier also he has been advised, warned, suspended for several times for the same reason (Habitual absenteeism).
Regards,
Madhan.S
From India, Madras
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc