Dear friends I had gauranteed for a personal loan for my colleague at work he has already left the organisation & is not paying the loan.Now I have left the organisation & the Co has held my gratuity stating that the bank has send court orders to take my gratuity as recovery.
As per the bank the no of forms that I have signed as witness,one forms states that they can take away my gratuity as recovery.
Pls suggest if the bank can do so,can I loose my gratuity.
Regards,
John S.
From India, Mumbai
As per the bank the no of forms that I have signed as witness,one forms states that they can take away my gratuity as recovery.
Pls suggest if the bank can do so,can I loose my gratuity.
Regards,
John S.
From India, Mumbai
Under normal circumstance amount of gratuity is not attachable. I am not sure about banking policy regarding attachment of gratuity but as an employer your company is not in a position to hold it for the bank. If the employer fails to pay your gratuity within 30 days you will be entitled to get interest. Any way, if the employer has not given the bank any guarantee to the effect that any payment not made by employee will be paid by him there is no legal relationship between the employer and the banker but the relationship is between the banker and the employee. If at all the employer has agreed to deduct a sum of money every month from the salary of the employee, he is acting only as a bearer and there does not exist any debtor creditor relationship. At the same time between you and the employer there exists an employee employer relationship which makes him liable to pay gratuity within 30 days.
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
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Personal Hygine.docx
Personal Protective Equipment.zip
FORM-F-NOMINATI ON OF GRATUITY.pdf