Gratuity claim
JEENI
(Querist) 14 July 2015
This query is : Resolved
I have given 20days notice period to my company but as per my appointment letter i liable to give one month notice or salary in lieu in notice if i give my one month salary is still my company has right to hold my gratuity, bonus, and leave encashment please help
Kumar Doab
(Expert) 14 July 2015
The company can adjust notice pay for 10 days (30-20=10) in FnF settlement from earned wages.
It can not block Bonus,Gratuity..............service certificate.
What is this establishment registered as: Commercial, Industrial?
How many maximum persons are employed in it at any point of time, before and after your joining?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Since how many months you have been working with the company?
Is your service confirmed in writing or you are under probation period?
Do you have appointment letter, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Has acknowledgment of notice of resignation/final resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
Rajendra K Goyal
(Expert) 15 July 2015
Request the company to adjust 20 days you have served towards notice period and recover 10 days pay from your F&F settlement.
Company can not hold your gratuity and PF.
