Regarding to gratuaty

shrikant m dhamgaye (Querist) 10 February 2014 This query is : Resolved
DEAR SIR,I LEAVE MY ORGANISATION BEFORE ONE YEAR BACK.AND JOINED JOB IN ABROAD.BEFORE RESIGN I TAKE LEAVE FOR 3 MONTH AND JOINE NEW JOB.I DID NOT SHOW THE MANAGEMENT THAT I JOINE THE NEW JOB.NOW NOW MANAGEMENT RETURN AMOUNT OF PF BUT THEY ARE NOT RAELEASING MY GRATUATY.THEY ARE ASKING FOR SUBMITTING THE PASSPORT COPY.CAN MANAGEMENT STOP MY GRATUATY.I WORKS THERE FOR 16 YEARS.

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Devajyoti Barman (Expert) 10 February 2014
They can not stop your gratuity.
You can submit copy of passport.

Guest (Expert) 10 February 2014
You need to get your case examined with complete detail with reference to your documents, as the company might be treating your absence as unauthorised absence and a double employment case, when you have not submitted any resignation and got releived formally before joining new job and that too in a foreign country.

Kumar Doab (Expert) 10 February 2014
The company might have decided to treat you dishonest and forfeit the gratuity.

You have committed blunder. Employee should not indulge in such acts and should consult elders in the family, competent and experienced well wishers, lawyer/law firm than acting on his own and in haste.
You could have resigned before you left India.

Which leave you had applied: sick? Did you submit medical certificate?

Was your leave approved?

Don’t submit copy of passport or any other document or a statement in writing till it advised and drafted by your lawyer that has seen all of your docs and has analyzed your inputs.

If you did not join after the 3 months leave, your lawyer may opine that let them accept resignation from date the leave started.

Spend quality time with your lawyer and proceed under expert advice of your lawyer.

Rajendra K Goyal (Expert) 11 February 2014
Consult a local expert and get all your documents checked and act accordingly.

malipeddi jaggarao (Expert) 12 February 2014
I agree with the advice of Shri Rajendra K Goyal.

T. Kalaiselvan, Advocate (Expert) 12 February 2014
Yes I too agree with the experts opinion, a local expert lawyer on the subject will be able to solve your issues.

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