Post: Please help it\\\\\\\'s urgent I had resigned from last job (due to bosses was harassing me) in April 2012 and given one month notice. During the notice period time they(bosses) asked me to withdraw my resignation and i had submitted withdrawal letter and asked for the confirmation of acceptance of withdrawal of my resignation. My resignation letter was not returned by them. In May they relived me without telling any reason in may. Till then i am fighting to get the payment of gratuity ( Service : 5 years 8 months)and they are delaying. finally on july 20 i had submitted form I and in the form point no 6 i have filled the date and cause of termination of service (7 may cause employer terminated service without giving reason). In reply they told me your service was not terminated by us you are relived as per your resignation and that\\\\\\\'s why you are not granted the gratuity. My Question is that should i proceed through court or there is any other solution. Can I submit the FO
From India, Gurgaon
From India, Gurgaon
Mr.Deepak
Whether you resigned or they terminated your service, you are eligible for gratuity since you have completed 5 years and 8 months of service.The Payment of Gratuity Act does not bar an employee merely because his services have been terminated unless it is for misconduct involving financial loss to the company.Without going into the question whether it is resignation or termination, you send a letter to the comapny stating that gratuity be comes payable within 30 days of the submitting the application as per the provisions of the Act and it is illegal to withlold gratuity in this manner and therefore the company is liable to settle your claim within a specified period(specify the period), failing which you are free to pursue legal remedies avilable to claim it.The comapny will mostly settlle your claim.
B.Saikumar
Mumbai
From India, Mumbai
1899Whether you resigned or they terminated your service, you are eligible for gratuity since you have completed 5 years and 8 months of service.The Payment of Gratuity Act does not bar an employee merely because his services have been terminated unless it is for misconduct involving financial loss to the company.Without going into the question whether it is resignation or termination, you send a letter to the comapny stating that gratuity be comes payable within 30 days of the submitting the application as per the provisions of the Act and it is illegal to withlold gratuity in this manner and therefore the company is liable to settle your claim within a specified period(specify the period), failing which you are free to pursue legal remedies avilable to claim it.The comapny will mostly settlle your claim.
B.Saikumar
Mumbai
From India, Mumbai
Since you have already given the notice and your company has rejected your request it is better you approach the labour court as soon as possible. You are entitled to get the gratuity amount with interest at 12%.
From India, Kochi
From India, Kochi
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