Forcing to get releived early
Shweta
(Querist) 16 April 2013
This query is : Resolved
I have resigned from my company on 03.04.13. I have asked to relieve me on 2.05.13. But my HR people are forcing me to get releived on 30.04.13. If i get releived on 30.04.13 I have to lose my gratuity by 1 day short. (4 years & 239 days).If i continue till 02.05.13, I complete 4 years and 241 days & can claim gratuity. Can company force me to get relieved 2 days early?
Adv k . mahesh
(Expert) 16 April 2013
as per company policy if there is one month notice period then they can relieve you but talk to them and make them convince that you wanted to work till that date say as your experience will count for new organisation a lot and also meet a local lawyer who can calculate the days actually you have worked and thus your calculation is correct
Shweta
(Querist) 16 April 2013
I had joined on 18.08.2008. Resigned on 04.04.13. There is a rule of 1 month notice period. Had taken approved PL of 16 days in January,2013. How shold i calculated gratuity eligibility days? Can i claim it if get releived on 30.04.13? And can i claim it if get relieved on 02.05.13?
Raj Kumar Makkad
(Expert) 16 April 2013
You get completed 4 years of service on 17.08.2012 and thereafter the days shall be calculated as under:
Agu 2012: 14
Sep 2012: 30
Oct 2012: 31
Nov 2012: 30
Dec 2012: 31
Jan 2013: 31
Feb 2013: 28
Mar 2013: 31
Apr 2013: 30
Total Days=256 which duly qualifies for the grant of gratuity even if you are relieved on 30.04.2013
Shweta
(Querist) 17 April 2013
thanks a lot!!
