Gratuity eligibility-employee worked 190 days in 5th year


Dear All,

I  need legal opinion - if an employee has worked 4 years and 190 days ( Pvt Ltd Factory - 6days working) and the management forcefully take resignation ( Employee is ready to serve the notice period) & not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter). Also the employer have not paid notice pay to theemployee.

 

Is he elligible to claim the gratuity?

If yes please suggest the procedure to claim the gratuity.

 

 
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FIN

Originally posted by : N kumar
Dear All,

I  need legal opinion - if an employee has worked 4 years and 190 days ( Pvt Ltd Factory - 6days working) and the management forcefully take resignation ( Employee is ready to serve the notice period) & not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter). Also the employer have not paid notice pay to theemployee.

 

Is he elligible to claim the gratuity?

If yes please suggest the procedure to claim the gratuity.

 

 

You have posted that:

"not allow to serve notice period by restricting gate entry & not providing work place to work ( Notice period 90 days as per appointment letter)Also the employer have not paid notice pay to the employee."

 

 
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FIN

 

Has employee buit irrefutable evidence and written record of it?

 
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FIN

This does smack of causing artificial break to avoid payment of Gratuity.

 
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LABOUR CONSULTANT

The total weekly off + national ,festival holidays proportionately up to your last working day must be taken as period eligible for Gratuity.If after inclusion of these holidays,240 days works out for the last year of service, you are eligible for getting Gratuity.Follow the procedure of giving one month notice in the prescribed format and then file application before the authority under gratuity act with delay condonation petition.consult labour Advocate/consultant for assistance,if needed
 
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LABOUR CONSULTANT

The total weekly off + national ,festival holidays proportionately up to your last working day must be taken as period eligible for Gratuity.If after inclusion of these holidays,240 days works out for the last year of service, you are eligible for getting Gratuity.Follow the procedure of giving one month notice in the prescribed format and then file application before the authority under gratuity act with delay condonation petition.consult labour Advocate/consultant for assistance,if needed
 
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FIN

Usually in such cases employer/attorney's of employer in Line Management/HR/dmin/Personnel/Legal cells take refuge in allegation of misconduct.

 

What has transpired in your case?

 

 

 
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FIN

Payment of Gartuity Act,1972;Sec2A

If establishment works for 6dasy/week then employee should have worked for 240 days in a year. 

 
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