Denial Of Graduity - CiteHR
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Retired H R Professional
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i was working for an MNC in chennai from jan 2002 to june 2009 , and i was forced to resign, and i did, as per HR i was promised to give 3 months salary and all benifites
but as of now, the company is dening my Graduity, LTA, and other benifit.
since i was not terminated by the company and i resigned voluntarely
what was the solution to get my graduity
kindly help

Dear balkishanlal

There two things you have to understand in this case

first If they terminate you, then your entire career will become a big question mark. But you will get all the benefits including notice pay and other monitary benefits.

second if you submit the resignation letter you cannot claim anything except your PF and leave encashment as per the company policy.

Do you have any proof to prove in court that you have been forced by the management to submit the resignation letter.

Have you mentioned in the resignation letter that As per your advise I am submitting my resignation letter or the words to that effect. If so you can go to court.

Now before approaching the court of law please send some letter to your old company stating as advised by you I have submitted by resignation letter. Please release my 3 months notice, LTA, gratuity and other benefits as per my eligibility.

If they give some reply then you can keep the same as your record and you can knock the doors of Court of Law.

With warm regards

S. Bhaskar


dear mr bhaskar
thank for writing,
sir, if i resign on my own , then how can a company refuse to give my benefits like Notice Pay, gratuity, LTA as per Law which i was entitled,,
Since, they could't terminated me due to insufficient proof against me of any wrong doing, ( this was mentioned by the one of the senior board personnel) i was asked informally to put my papers , i also obliged to do so since i was not keen on to continue in a company which see me with suspicion and i also have few offer letters in hand .
in this circumstance how can they refuse my dues...
after my resignation, when i contacted the HR, i was told that they cannot give me any dues since i was relived on Ethical grounds, i could't accept the same since i have resigned on my own and they dont have any proof against me..
so what shall i do now....

As you have submitted the Resignation, You are not eligible to get any benefits except your leave encashment and PF.
In turn they can ask you for payment of 3 months salary from you. Then only they will give their relieving letter.
Go with friendly feeling and confident and do not show any ill feeling on your face and approach the management & HR department and explain your problem, convey your inconvenience caused due to the unethical attitude softly with Management and HR
Only this things can be done in this present scenario. If you go to court also the case will not withstand.
With warm regards
S. Bhaskar

Dear Balkishanlal,
You have resigned from your job after completion of 6 years of service and you can very much claim your Gratuity and other benefits. Gratuity is payable to an employee who resigns from the job after completion of 5 years of service.
You have got all the rights to claim the benefits so please approach labour officer in your region at the earliest.

Dear Bhasker,
Their is nothing like gratuity can be denied for the reason of resignation. A person can claim gratuity only after completion of 5 years of continuous service and after resignation. Please do refer Gratuity Act 1972

Thank You Shreekanth for your information
I will note this point But in case of resignation the Notice Pay and Retrenchment Compensation will not be eligible.
I intend to convey the same only, But it is erraneously interpreted by me as Gratuity for which I regret myself.
With warm regards
S. Bhaskar

Each act has to be viewed individually and the confusion arises only when you club acts. For claiming Gratuity under The Payment of Gratuity Act, the condition is that one should have completed 5 years of continuous service. After 5 years, more than six months have to be construed as one year. Last drawn salary/ wages is the one which was drawn, that is the rate of pay , month for arriving the salary rate is to be divided by 26 and not by 22 or 30.
When you are voluntarily offering to resign , where is the question of Notice Pay by employer in fact if you desire to get relieved early, you need to pay the Notice Pay or serve the entire notice period as per the service contract or Terms & Conditions as enumerated in the Appointment Letter.

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