Can anybody pls advise if company asks an employee to resign for any restructing / cost cutting for company's benefit and if the employee is working for more than 4 yrs, should the employee legally claim his gratuity which was shown in the CTC ?
regards,
From India, Haora
regards,
From India, Haora
Dear
No. As you are not eligible to have gratuity payment at this juncture. Gratuity shown in CTC is payable only after it becomes payable on the completion of five years of continuous service with an employer.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
363No. As you are not eligible to have gratuity payment at this juncture. Gratuity shown in CTC is payable only after it becomes payable on the completion of five years of continuous service with an employer.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
But, if the company asks the employee to leave for its own benefit / cost cutting against the employee's will and at a very close period of the maturity period of the gratuity, isn't it a planned fraud on the company's behalf ? Company can always show the gratuity in pay package at the time of joining and terminate an employee just before the maturity period of gratuity and pockets the employee's basic social security benefits !! I personally belief, this is not a fair practice and the common employees' basic social securities like PF and Gratuity should be given legal coverages by the state against these type of unethical business practices. Invite comments please.
From India, Haora
From India, Haora
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