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Abhijit Ghosh (Consultant)     17 June 2014

Gratuity query

Respected Sir / Madam,
 
My brother have worked with a Private Limited Company for 5 years 9 months (without break service) and resigned in the month of November'2013, due to some personal reason he had not served required notice period of 60 days.
 
Now HR of the company asking to pay him negative settlement amount in lieu of notice period other wise they will not settle his Gratuity amount.
 
Sir, I seek your kind advice that can he get gratuity amount before settlement of notice period or he have bindings to settle company's due first before settlement of his gratuity as the company is denying the payment since 6 months. Will he require to submit any form/letter to the company asking his payment.
 
Your kind guidance is highly require to resolve this issue.
 
With thanks & regards,
Abhijit Ghosh 


Learning

 2 Replies

Kumar Doab (FIN)     17 June 2014

Your query posted in this thread on Notice Period/pay and Gratuity both has been addressed in detail repeatedly in other threads initiated by you at:

 

https://www.lawyersclubindia.com/forum/Regarding-resignation-amp-final-settlement-103419.asp#.U6AvuZSSwb8

 

https://www.lawyersclubindia.com/forum/Gratuity-query-91269.asp#.U6AvOpSSwb8

https://www.lawyersclubindia.com/forum/Gratuity-query-103434.asp#.U6AxFpSSwb8

The link to various threads has also been provided on Notice Period/pay and Gratuity to you.

The concerned employee/your client have to take steps to recover Gratuity……..

Pls elaborate why same query is being posted again and again and precisely what is the difficulty being faced by concerned employee.

You have posted in one of the threads that you are practicing as Tax Consultant and therefore you must have understood that FormI may be submitted under proper acknowledgment.

 

If you are not able to resolve on your own you may approach a local labor consultant/service lawyer.

Sudhir Kumar, Advocate (Advocate)     17 June 2014

well elaborated by Mr Kumar Doab.  Nothing more to add.


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