Employee claiming additional charges in the name of end of service and others
joe
(Querist) 01 March 2012
This query is : Resolved
we have a small rubber platation (3acres)in kollam ..an employee who worked already 4 years and he resigned from our current rubber tapping job... now he is asking for end of service and other benefits.. Can anyone suggest a legal handling of this situation? wat ll be the consequences if he approach a labour court? moreover hes an sc st person with a good political back up..
mahendrakumar
(Expert) 01 March 2012
meet the local labour officer their for guidance.
generally such things are amicably settled based on the local practices.
Kirti Kar Tripathi
(Expert) 01 March 2012
He is entitled for earned credited in his account maximum upto 45 days, Bonus, payable, if any subject to 8.33% wages earned during the current bonus year. Since, he has worked only for 4 years, no gratuity is payable to him. Similarly, his services were terminated on account of resignation, no retrenchment compensation or notice pay is required to be paid.
Guest
(Expert) 01 March 2012
I endorse the views of Shri Kriti Kar Tripathi.
Deepak Nair
(Expert) 01 March 2012
Perfectly advised by Mr.Tripathi.
Sudhir Kumar, Advocate
(Expert) 01 March 2012
He has not completed 5 yrs (not even 4 + 1/2 year) No gratuity is admissible.
K.S.Srinivas
(Expert) 05 March 2012
I agree with the expert Kirti Kar Tripathi
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