meera (teacher) 09 August 2012

Gratuity and compensation

i resigned from my job in private school and as per the service rules offered to serve a notice period of two months but was relieved with immediate effect. I am 8 days short of completing 5years of continuous service. Am i eligible for gratuity? since i was willing to serve the notice period am eligible for the two months salary for the notice period as they declined to accept it? please revert at the earliest

thanks

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7 Replies

V. VASUDEVAN (LEGAL COUNSEL) 09 August 2012

You are entitled for gratuity. Please file an application for Grautity with a copy to the Commissioner of Gratuity (Labour COmmissioner).

Vasudevan

Kumar Doab (FIN) 09 August 2012

If you tendered notice of resignation and have expressed to serve the notice period and employer has accepted the notice of resignation with immediate effect you can agitate and term the acceptance of resignation as illegal. The intention of employer is obvious and malafide. In harsh language it is to cheat, con, and extort. It is breach of contract of appointment. You may ask the good offices of your appointing authority to call back the order of acceptance of resignation and let you complete your notice period.

Employee should submit notice opf resignation and mention effective date of resignation/last day in office and should carefully draft the notice.

At the same time:

As per attached SC and HC judgments, you eligible for gratuity.

You may go thru a very informative thread:

Discussion > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

At the following link:

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UCP4NSIWrts

Attached File : 344665926 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf, 344665926 surendra kumar verma etc vs the central government ... on 23 september, 1980.pdf downloaded: 236 times

meera (teacher) 18 August 2012

thank you the matter has been amicably settled and the company is paying me the two months pay and gratuty as per service rules. However there is afriend of mine who would like me topost this query. after 7 years of service she tendendered her resignation due to health reasons. the company rules say two months notice is due but she was willing to serve one month. but the company decided to not accept her notice period and stop her services with immediate effect is she eligible for two months compensation as per the service rules?

Kumar Doab (FIN) 18 August 2012

If the lady has tendered notice of resignation and has mentioned effective date of resignation/last day in office/one month notice period and company has accepted the notice of resignation with immediate effect lady can agitate and term the acceptance of resignation as illegal.

One month notice period is not abrupt termination and is reasonably good notice.

Lady may agree if employer agrees to tender notice pay.

The situation is similar as expressed in your case.

In case of any difficulty lady may follow as adviced by Mr. Vasudevan.

Sudhir Kumar, Advocate (Advocate) 20 August 2012

What about your PF?

meera (teacher) 21 August 2012

planning to transfer it to my new school, I presume they will have to just take the account number and transfer the amount right? I also thought that pf is not completely controlled by the school and is a government thing. I presume iam right is there any thing my old school has to do...