Rahul 20 November 2015
Dear All
Need your expert view on below mentioned query.
If an employee has worked in the MNC for 7 years & in 7th year he has been terminated from his job on the ground of conflict of interest.
Can co. hold the gratuity of an employee in above scenario.
Suri.Sravan Kumar (senior) 20 November 2015
No the Co has no right to withhold Gratuity on that ground.
ROHIT SHARMA (Legal Advisor ) 20 November 2015
it can be done only if during such period of service a cognizabke loss has been done to the comonay from the performance of the employee.
Kumar Doab (FIN) 20 November 2015
Perfromance is no criteria.
Forfeiture of Gratuity is well explained in the Act.
Prior to that notice and proper opportunity of hearing and speaking order has to be passed.
You may submit FormI under proepr acknhowledgment and cite that notice of determination of gratuity and payment has not been supplied despite representations in office.
Termiantion can also be contested on frlimsy ground of so called ' Conflict of interest'.
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