Dear Seniors, What is mean by Moral Tupitude in terms of Gratuity Forfeitition. What are the acts / deeds / omission will be included in Moral Turpitude? Thanks in advance.......!!!
From India, Pune
467From India, Pune
Dear Prashant,
Meaning turpitude is "A corrupt or depraved or degenerate act or practice".
In the company context it means wilful destruction of company's property, instigating violence, physical attacks, prohibiting other workers from observing safety precautions, posting derogatory message out of company's premises, causing injuries to other employees and so on.
As far as forfeiture of gratuity for the actions arising out of moral turpitude is concerned, other senior members will give their opinions.
Thanks,
Dinesh V Divekar
From India, Bangalore
Meaning turpitude is "A corrupt or depraved or degenerate act or practice".
In the company context it means wilful destruction of company's property, instigating violence, physical attacks, prohibiting other workers from observing safety precautions, posting derogatory message out of company's premises, causing injuries to other employees and so on.
As far as forfeiture of gratuity for the actions arising out of moral turpitude is concerned, other senior members will give their opinions.
Thanks,
Dinesh V Divekar
From India, Bangalore
Dear Prashant ji,
While endorsing Dinesh ji, I wish to add further on the basis of TIPS on POG Act as given in publication by Labour Law Agency as under:
'Moral turpitude' is an expression which is used to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. It means anything done contrary to justice, honesty, modesty or good morals.
Theft is an offence involving moral turpitude and consequently if the service of an employee is terminated for committing theft in the course of employment, the gratuity payable to him under the provision of the Act stand wholly forfeited in view of Section 4(6)(b)(ii) of the Act. : Bharat Gold Mills Ltd. Vs RLC(C), Banglore 1987 I CLR 189.
From India, Mumbai
While endorsing Dinesh ji, I wish to add further on the basis of TIPS on POG Act as given in publication by Labour Law Agency as under:
'Moral turpitude' is an expression which is used to describe conduct which is inherently base, vile, depraved or having any connection showing depravity. It means anything done contrary to justice, honesty, modesty or good morals.
Theft is an offence involving moral turpitude and consequently if the service of an employee is terminated for committing theft in the course of employment, the gratuity payable to him under the provision of the Act stand wholly forfeited in view of Section 4(6)(b)(ii) of the Act. : Bharat Gold Mills Ltd. Vs RLC(C), Banglore 1987 I CLR 189.
From India, Mumbai
korgaonka Sir, If the act is not coonected with employment & if the employee convicted by criminal court under IPC then can the employer forfeit the Gratuity....?
From India, Pune
From India, Pune
Dear Prashant,
If the act of morale turpitude is not connected with company (for example rape in his personal life) then why you want to hold the gratuity of the employee? Tell the employee to put in papers immediately and that is all. Loss of employment in itself is punishment.
Of course this is my personal opinion. In the personal life for whatever happened, the guilty has been punished under IPC. Now if the company also punishes then it will be double punishment. For any offence/conviction, there can be only one punishment and not two. Therefore, please think twice before you invoke this rule. Please check standing orders as well.
I say so because loss of pecuniary benefits will cause hardship to the guilty's family members. In real sense they will be punished than the guilty itself.
Thanks,
Dinesh V Divekar
From India, Bangalore
If the act of morale turpitude is not connected with company (for example rape in his personal life) then why you want to hold the gratuity of the employee? Tell the employee to put in papers immediately and that is all. Loss of employment in itself is punishment.
Of course this is my personal opinion. In the personal life for whatever happened, the guilty has been punished under IPC. Now if the company also punishes then it will be double punishment. For any offence/conviction, there can be only one punishment and not two. Therefore, please think twice before you invoke this rule. Please check standing orders as well.
I say so because loss of pecuniary benefits will cause hardship to the guilty's family members. In real sense they will be punished than the guilty itself.
Thanks,
Dinesh V Divekar
From India, Bangalore
Dear Prashant ji,
Section 4(6)(b)(ii) clearly states that such offence should be committed in the course of employment. Also, services should be terminated for such an act.
Termination on moral turpitude and moral turpitude in the course of employment are two ingredients for forfeiture of Gratuity as per above said section.
From India, Mumbai
Section 4(6)(b)(ii) clearly states that such offence should be committed in the course of employment. Also, services should be terminated for such an act.
Termination on moral turpitude and moral turpitude in the course of employment are two ingredients for forfeiture of Gratuity as per above said section.
From India, Mumbai
Gupta Sir, Who could be the punishing authority for Moral Turpitude , Controlling Authority for Gratuity?
From India, Pune
From India, Pune
Dear Prashant,
It is the appointing authority or authority confirming the employee in the post. If an MD, then he is punishing authority and if Management Resolution confirms the employee, then only Management resolution( and not MD and even not any person on GPA) is punishing authority and only they can decided how much and in what manner punishment is to be awarded. Controlling Authority is only to get the provisions of the Act implemented and to examine whether any order passed under the Act is as per law or not. I am writing just to be careful while passing/getting passed such orders.
From India, Panipat
It is the appointing authority or authority confirming the employee in the post. If an MD, then he is punishing authority and if Management Resolution confirms the employee, then only Management resolution( and not MD and even not any person on GPA) is punishing authority and only they can decided how much and in what manner punishment is to be awarded. Controlling Authority is only to get the provisions of the Act implemented and to examine whether any order passed under the Act is as per law or not. I am writing just to be careful while passing/getting passed such orders.
From India, Panipat
Keshav ji has well explained the meaning of 'moral turpitude' and to illustrate what acts fall within the ambit of 'moral turpitude, I only add that acts like fraud, forgery,misappropriation, misconduct against women or theft which reflect dihonesty and base character of the delinquent, can fall within the ambit of moral turpitude.
B.Saikumar
HR & Labour law Advisor
From India, Mumbai
B.Saikumar
HR & Labour law Advisor
From India, Mumbai
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