If company fire me before eligibility of gratuity of 1 month

Guest (Querist) 17 February 2018 This query is : Resolved
Hi All,

Due to less projects in my company. they asked me to leave the company however its only one month short to gratuity completion. . i think they are purposely taking me out , so that they don't need to give gratuity. What should i do in this case

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Guest (Expert) 17 February 2018
Submit your resignation notice for the prescribed notice period. One month will be covered under resignation notice period. So, why afraid for one month short of gratuity eligibility period.

Guest (Expert) 17 February 2018
No advice for an anonymous person.

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Guest (Querist) 17 February 2018
Hi , Thanks for the quick reply. I mean to say after serving my notice period, 1 month is short to complete the gratuity completion.

Guest (Querist) 17 February 2018
Hi Dhingra Sir,

I kept anonymous because i worked with a company and people who may know me will think bad about the company and me as well. Which becomes a wrong impression.

Sorry for the same.

Guest (Expert) 17 February 2018
If they have asked you to leave, apparently, they do not seem to have have thought good for you. So, any hitch in asking query openly was irrelevant.

Guest (Expert) 17 February 2018
Even your supplementary question as an afterthought may not make any difference, as even otherwise also, you cannot do anything against your employer. Even if you don't submit resignation they can terminate you after serving notice or by payment of notice period pay. You can do nothing in that case.

Guest (Querist) 17 February 2018
Ok, this was helpful for me to understand, jigyasu sir. Thanks alot

Guest (Querist) 17 February 2018
Dhingra sir, ohk understood. Thanks.

Sri Vijayan.A (Expert) 18 February 2018
Try to drag the case, if possible.
This is the only way,

Sudhir Kumar, Advocate (Expert) 18 February 2018
Forget about delaying the case, they are not fools who would not have planned against the same.

They do intend to gain by non-payment of gratuity by throwing you out within well in time.

Unless you challnage the termination in labour court/civil court/High Court and get reinstated then forget about gratuity.

Guest (Querist) 18 February 2018
Hi Sudhir Sir,

Thanks for the advice. Your solution looks more promising for me.

Guest (Expert) 18 February 2018
Of course, Sudhir Siir's solution is more promising, but with more serious troubles in future for you in the company, which you can't imagine now, but would realise later, when everything will be out of your hands. You may try your luck as per his advice by challenging the termination in Civil or High Court.

Must remember, you can't impose yourself on your employer, rather the employer can get himself imposed on you, while in service.

Best of luck!

.

Guest (Querist) 18 February 2018
Jigyasu Sir, I have one doubt. Since they had said me to leave however its employer initiative,reason being no projects. Its again not a fault of employee. If i ask them to acknowledge over a mail stating that they will take care of gratuity payment. Will this will work?

Guest (Expert) 18 February 2018
You may try, work or not work can't be said on behalf of the employer. Only employer's action can answer your query.

Dr J C Vashista (Expert) 19 February 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform, no reply for an "anonymous" author, otherwise consult a local prudent lawyer.