Gratuity

Gratuity Payable to an employee could be forfeited for willful omission or negligence

Causing damage, loss or destruction of employers property and for riotous and disorderly conduct and for offence/misconducts involving moral turpitude.

The employee whose gratuity employer proposes to forfeit should be given a proper show cause notice setting out specific misconducts against him along with the

nature of evidence in his possession and then he should be given an opportunity of rebutting the show cause notice then ordinarily a final forfeiture order should be passed.

Shri Kumar Doab has already given the reasons for which gratuity can be forfeited. Habit of drinking is no reason to forfeit gratuity.Drinking habit is not misconduct.There is difference in drinking and being under influence of liquor.

Hi...............I am  a finance professional working with a well known stock trading company of gurgaon. I joined this company on 15 May 2007. I worked well and got promotions as usually happens. Suddenly in 2011, the market conditions went bad and Company started firing/transferring its employees. So, on 2nd of November 2011 They told me either to leave from company or get transferred to their other group company which has no corporate existence in industry. I had to take transfer from my company forcefully to that small company and in exchange i have not been paid anything. Now, after 2 months of joining the small company, the company wants me to leave the company inspite of thousands of my deniel. Now, the total work experience with this group is 4 yrs and 9 months (Including 3 months in small company). Please suggest me What claim can I make against the company including retrenchment compensation, gratuity and other payments? 

Prima-facie it appears it appears that you may be entitled to gratuity, however some more details like relation between earlier company and new company ,your letter of transfer etc. may be required.By your job descripttion it appears that you are not eworkman under I.D.Act 1947 and therefore you are not entitled to retrenchment compensation.In case you are terminated you may consult some local Advocate for claims.

Hi sir....Thanks for the Reply. Basically, some directors are common in both the companies but the new company works in different name not as subsidiary/sister concern of old company. Also, they have not given me any transfer letter but a fresh appointment letter from new company (After taking resignation from old company). I used to work as AVP in old company and the total tenure was 4 yrs 6 months. They did not pay me any compensation too because they said that we are just changing the company for you, rest of things are same. Now, after 2 months they want me to leave the new company too. What claim should i make from them??

You have been taken for a ride by the company.

It is a pity that even companies which make fat profits try to deprive the employees from benefits like gratuity which otherwise is not a big amount.

In new company you might be under probation and thus easy target for separation.

Either you have to raise a dispute or accept that you have submitted to sinister plans of the directors and swallow the loss.

An intelligent lawyer may be in a position to help you after looking all docs and records and inputs which are to be given by you in person.