Gratuity eligibility

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How did you submit notice of resignation/final resignation?

To whom you addressed the notice/resignation both?

Is your manager empowered by board of the company to accept/reject resignation?

Do you copy of both/resignation and proof of disptach and delivery? Obtain these.

Were you asked to handover the charge in writing? Did you handover the charge?

If you have resigned then you have not absconded.

The employer has severede the employer-employee relationship the momment employee has resigned. resignation can be without permission and notice.

You are eligible for Gratuity.

You may contest the charge of 'Absconding' and demand to delete the status from internal records and update it as having submitted notice/resignation (both) and relieved.

You are entitled to get both service certificate/relieving letter and acceptance of resigantion,PF a/c slips of each year,ESIC Card,Form16 of each year,salary slip of each month and last month,FnF statement showing adjustment of notice pay for shortfall/earned wages/reimbursments/incentives/bonus/leave encashment etc and final payout, NOC/NDC, etc 

The notice period applicable in our case may not be more than 30 days.

You may submit FormI claiming that notice of determiantion of Gratuity/payment of Gartuity has not been supplied to you.

Submit everything adressed to good offices of appointing authority,MD,Chairman, in writing under proepr acknowledgment and narrate all previous representations (nmes/dates/phone numbers/ brief minutes etc).

If you are unable to handle on your own you may lean on able Labor Law Consultant.

You may first understand the opinions expressed by expert Mr. Kumar Doab and also follow the suggestions made by him fr remedy and relief.

You have replied poinwise to all points.

You have posted that:

---"they gave me everything exp and relieving letters and gratuity. "

What exactly you mean?

Has the company supplied you the relieving letters and gratuity?

---"But a new problem has occurred in my new organization."

What exactly you mean?

Yes my ex employer has given me ecp and relieving letters along with gratuity.

The new problem is with my current organization.Where I was told to resign and not to report to office and look for a new job,I will be paid 1 month salary experience and relieving letters.Below mentioned is the whole story.

I joined a new org. in the last week of  oct 2015 as a Team Lead talent acquisition and on 2nd last week of Nov our AVP HR visited us and thretened me in front of Sr. Manager HR that "I am not happy with your performance so far so either you resign now or take 15 days time and give me nos. as per my expectation (7-10 line up everyday) and nobody will report to you (although nobody was reporting to me right from the begining).

The vacancies I was told to do hiring for was open since May,june,july,august,september and october and 5 consultants 3 hr recruiters and 1 Assistant Manager (AM) had already been working on that but unable to fill the vacancies.When I joined AM went on maternity leave.After getting ultimatum from AVP I worked rigrously for 15 days and was able to give 2-3 line up somtimes 1-2, and sometimes even nil line ups per day.

Experiencing difficulties in lining up candidates I shared the problem with Sr. Manager HR that I get only 2 to 2.30 hrs throughout the day when candidates are available to pick up calls,when I scheduling 7-8 candidates per dayis not possible as they are not available in plenty and I am under tremendous pressure of losing my job,then he assured me nothing wrong will happen to you.There were other problems in doing line up I contacted many candidates got their interview conducted and they got offered as well but I got to know that ther were already shared by one of our consultants so it went into their accounts.amd my efforts count zero.

One fine day AVP called me up along with Sr. Manager (by that time I had completed 45 days) and told that you were not able to perform as per my expectation so you will have to resign immediately.Either resign get 1 month salary exp and relieving letter or get terminated.I was not given warning letter or PIP or anything but forced to resign.

Can I sue my AVP for the mental torture  she has given me while working? Is there any law that can help me getting reinstated in the organization.gracefully? This incedent has jolted me from within.People  at the helm arbitrarily set ultimatum then throw employee at my level as if we mean nothing.

Forced resignation is an offence.......................and can be termed Deemed Termination.

This has been discussed in queries posted by you in threads initiated by you.

Thank you Kumar Doab,

I was forced to resign by threat that only this can avoid stigma of my proifessional career (negative feedback from company on employment verification). I was left with no other choice but I do not have any proof of forced resignation.I was under probation(worked just 45 days).This is the appraisal time,people are waiting for appraisal before moving to next orgnization therefore vacancies are almost nil.I am under acute mental and financial stress as I am joblees for more than 2 weeks.Please suggest. 

You could have negotiated before signing resignation letter, on the spot and made suitable arrangments to record or lodge complaint.

You can withdraw the resignation if it is not accepted.

You can claim that it was forced resignation and in such case the onus to prove may fall upon you.

You can seek help of employee's/trade union leaders, Labor Law Consultant/Service Matters lawyer.

Online discussions have its own limitations.

Discuss the matter in person with your counsels and understand the options,remedies and merits.

Hi all,

Let me brief my grievance. My wife has been a faculty under self financing department in an aided college since 2007 in a city in Tamilnadu. PF has been deducted from the next month of her joining onwards.Now she is planning to resign. When contacted for gratuityeligibility and formalities, we were told that only employees with ten years of service are eligible.

Is she eligible for the same and if so, how can she claim(just by posting a request through registered post with acknowledgement card)?

Regards

Lal

You need to confirm: Which Gratuity Rules apply to establishment e.g. :Payment of Gratuity Act,1972?

And/or Gratuity Rules of establishment of  Payment of Gratuity Act,1972, whichever offer superior benefits may apply!

Usually Payment of Gratuity Act,1972 applies. However you alone have to confirm it.

Teachers have been amd eligible with retrospective effect from 1997.

The establishment has to supply Notice of Determination of Gratuity and payment of Gratuity within 30days from LWD or interest @10%pa has to be paid, even if no application is made by employee..

The employee can submit FormI even 30days before LWD (of course under proper acknowledgment).

Thanks Mr.Kumar Doab. The establishment has been fucntioning since 1972. Hope this information will help in the applicability of the said act.

To add, they have not paid gratuity to their employees so far. They claim that it is applicable to those who remain in the institution for more than 10 years.

Regards

Lal

You have not replied to:

'You need to confirm: Which Gratuity Rules apply to establishment e.g. :Payment of Gratuity Act,1972 or some other Gratuity Rules of establishment?

Find out the rules that are applicable and post.

Usually it is Payment of Gratuity Act,1972.

However you alone has to find out and confirm.