I am working in a private company at chennai from 21st may 2007. My probationery period was six month and got confirmed. Now  the management given me termination order with one month notice period as per appointment order. The termination order issued on 02 may 2012, saying that my last working date is 31st may 2012. The reason for termination is reduction of manpower (my performance is very good during this entire service) and  if i am allowed to stay for morethan five years in this company, the employer has to pay gratuity, so company is forcing me  to quit from the service,

1. My question is if i got releaved from the service on 31st may, whether i am elegible for getting Gratuity. (the period for calculating gratuity is from the joining date or after probation period).

2. My entire period my performance is very good (mentioned in termination order also) is there any way to overcome from the termination.

3. Is there any legal way to face the management for cencellation of the termination.

Thanks for your input in advance.

please help me and treat this very urgent

Regards

 

Probation period also counts for service for the purpose of calculation of minimum period of 5 years hence you are eligible to get gratuity as you will be completing 5 years of continuous service by 21-May-2012.  Send me/share your service agreement to see whether we can do anything to prevent your employer from terminating your service.

Mr. Chandrasekhar has given valuable advice. Kindly follow it.

You post your appointment letter. You may obtain copy of Certified Standing orders of the company (which are to be displayed at the entrance) and employee/service rule book also. These are available with concerned personnel of HR and employee is within rights to obtain these.You may erase the names etc to maintain the confidentiality.

You are eligible. Your performance has been rated and documented as good. You have the record. What is your designation and nature of duties?

What is the reason expressed in the termination order for terminating your service? You may be able to term it as retrenchment.

It is felt that you may represent to the good offices of your appointing authority, MD/CEO, Company Secretary, with a copy to Head-HR, in writing under acknowledgment, highlighting your performance, meritorious services rendered for the company, revenues/profit generated for the company and spare you from termination. Company can accommodate you in other depts. This shall help you later.

If the company does not grant any relief you may sign acceptance on FNF statement.

You may also accelerate your efforts for getting suitable job at better remuneration, position in the Industry.

1)u are entitled to get gratuity for ur 5yrs. continuous service.2)i have some doubt whether ur management can force u to quit the job after issuing termination notice only due to reduction of manpower policy,overlooking ur good performance.3)u pl contact the (L)Advocate(AS SUGGESTED EARLIER)with ur terms and conditions of service along with termination notice.4)how many employees have been so far terminated or onthe way...as per company policy?

Please read in earlier post as"If the company does not grant any relief you may not sign acceptance on FNF statement."

Thanks for all your valuable info / advise. basically this requirement was written on behalf of my friend who is working in chennai. Regards RShankar

Fair enough, you are helping your friend. But his name should have appeared in the first post of yours in this elite forum who are more than willing to help you or anyone diligently/honestly/quickly doing fair justice to your situation. Pls donot mind but that is just a humble request for all persons posting any request for help.... Else it will degrade trust and honesty of repliers...

I retired from Aug 2008.A gratutity was given to me for Rs.350000/-.But thereafter the amount of gratuity was incresed to Rs.1000000/- & the increse was effective since 1st January 2007.It was paid in year 2010 BUT hEVY iNCOME TAX I.E.30% WAS DEDUCTED AT sOURCE. Since Gratuty fund was/is exempted from income tax WAS it right to deduct income tax.I was working in COAL INDIA LTD. as an Executive.

Refer : http://www.citehr.com/326417-gratuity-taxable.html The 30% tax deducted by company is refundable. YOu can claim refund if it is already paid into the account of Income Tax Department otherwise, move an application with your employer to reverse the entry.

AS per gazette notification,the limit has been increased from the appointed date: 24th may,2010.

The limit refers to the date of retirement on or after the limit has been increased.

Gratuity received by an employee on his retirement is taxable under the head Salary.

 
 

Any death cum retirement gratuity received by Central and State Govt. employees, Defense employees and employees in Local authority shall be exempt.

Any gratuity received by persons covered under the Payment of Gratuity Act, 1972shall is exempt subject to:

-For every completed year of service or part thereof, gratuity shall be paid at the rate of fifteen days wages based on the rate of wages last drawn by the concerned employee.

-The amount of gratuity as calculated above shall not exceed Rs. ………as applicable at the date of retirement.

 Kindly look into the tax treatment sheet provided by employer.

Related 'Labour & Service Law' Lawyers

Zulfiqar Al JEEVAGAN AD kavksatyana D Bhattacha Rajesh Sriv Varun Singh Advocate Ni Surendranat S P SRIVAST Visheshwar Jagadishwar Anish Thaku Mento Isac RAKHI BUDHI Shantilal P Sandeep Nai Mukesh Rana R.K Nanda Prakash Yed

Click here to List yourself in Lawyers Directory Learn about