Abhijit Ghosh (Consultant) 29 October 2013
AN EMPLOYEE HAVE WORK 6 YRS IN A PVT. LTD. COMPANY. THE NOTICE PERIOD OF THE COMPANY 60 DAYS BUT EMPLOYEE HAVE NO OPTION TO GIVE 60 DAYS NOTICE PERIOD AS HE HAVE GOT ANOTHER BETTER OPPORTUNITY.
EMPLOYEE HAVING 60 DAYS PAY LEAVE IN HIS A/C AND HE WANTS THAT HIS EMPLOYER MAY DEDUCT ALL HIS PAY LEAVE IN LIEU OF NOTICE PERIOD.
NOW, IF THE EMPLOYEE DIDN'T GIVES ANY NOTICE PERIOD, CAN THE EMPLOYEE CLAIM HIS GRATUITY AMOUNT AS RIGHT.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 October 2013
Kumar Doab (FIN) 29 October 2013
If Payment of Gratuity Act 1972 is applicable to the establishment and employee has completed 6Y of service, employee is eligible for payment of Gratuity. The employer has to determine the amount of Gratuity and supply notice to employee with copy to Controlling Authority of Gratuity.
If the establishment has obtained insurance from LIC/FI it has to tender full payment obtained from LIC to employee even if the amount of Gratuity calculated by Formulae for calculation of Gratuity is less than payment the employer has received from LIC.
Employee may demand copy of payment certificate issue by LIC and thus amount received from LIC.
Service of notice period has nothing to do with it.
If employer has not supplied notice of determination of Gratuity employee may submit FormI.
The employer has to disburse payment of Gratuity even if employee has not asked for it.
The employer has to encash the applicable paid leave in FNF settlement and employer can adjust notice pay in FNF statement/settlement.
Employer can adjust notice pay against annual leave and also waive off notice period/pay by his will.
If standing orders are applicable to the establishment and extended to the designation of employee the notice period in standing orders shall prevail e.g if notice period is 1M in standing orders it can not be 2M in appointment letter.
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