jnkramn
2

One of our employee have submitted his resignation letter and relieved immediately after getting his salary and employee entitle for Gratuity. Whether its possible as per the act to recover those amount from the Gratuity payable amount.
Pls advise on this issue.
Regards
Janakiraman

From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Tsivasankaran
Consultant
Ramnarayanhr
Hr Generalist With 8+ Years Exp. Good In
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ramnarayanhr
47

i hope any company pays salary for the past worked month
so at first point you paid for the worked period am i correct
(if u have any contract bond that case is different)
PF & Gratuity these are the amounts which an employee save at the employer's looker (as per Statutory Gratuity also will be considered as Social security saving)
so you have to pay all these to him as per Statutory norms
but still somany companies stop PF & Gratuity of employees with very silly reasons - the less knowledge ex-employees make rounds or else they come to your step but if any knowledge person or with any power can processed on you legally.
finally you can't recover any amount from the employee's Gratuity legally (if at all any big legal case happen informant of the court of law if court passed any sentence)..... there are somany illegal moves which every one know.

From India, Hyderabad
Madhu.T.K
3792

No, gratuity cannot be forfeited or withheld for reasons like this. No amount due from the employee shall be deducted from the gratuity amount. Gratuity can be forfeited only for very specific reasons as mentioned in section 4(6)(b) of the Payment of Gratuity Act which shall include instances of employee being dismissed for offenses involving moral turpitude or causing damage to the company by his riotous behaviour. Non payment of notice pay is not a major misconduct as per law is concerned.
Madhu.T.K

From India, Kannur
ramnarayanhr
47

Dear above discussed persons this discussion we have to look in to very broader way if Mr Janakiraman gives us more information according to the above discussions we can come to a better conclusion..
From India, Hyderabad
varghesemathew
909

Legally, as said by Mr Madhu notice pay cannot be recovered from gratuity payable as per POG Act. Varughese Mathew
From India, Thiruvananthapuram
Rajesh131979
3

Recovery of notice period amount can’t be done from the amount of Gratuity,company may face legal issues from the side of employee. Rajesh
From India, Barddhaman
hr@blackjacktools.com
11

Pf and gratuity is the saving of the workman so employeer cant hold this. As recently pf commisioner assured that if an employer does not sign pf withdrawl form, the workman can subit without the signature of employer..
Finally emploter cant hold gratuity anf pf amount.
Vk. Sood

From India, Ludhiana
sndpkale
Yes , I am agree all of you, i.e. no one can make any recovery from left employees PF or Gratuity a/c. But you should have many another smooth ways .....like you ask to left employees that is ....either he pay his notice pay and follow companies exit process ,collect his all F & Final dues Or you may hold his all final settlement . (you also info him verbally only)
You also take help form your legal cell.
Regards,
Sndeepkumar Kale.
Asst.Manager ( HR)

From India, Pune
shyamalkishoremisra
14

No we cant deduct NP from gratuity as deduction can be made only after gross misconduct or misappropriation Regards Shyamal
From India, Mumbai
tsivasankaran
366

An employer can recover Notice Pay or any advance paid to employees or any other legal dues from the Gratuity amount payable to an employee. Here the employer is not reducing or making the employee to forefeit the Gratuity. The employer just makes an accounts entry. As long as there is a clause for Notice pay, the employee is liable to make payment. This is the money payable by the employee. He completes five years and gratuity is payable to him. The employer has a right to deduct the dues payable by the employee from the gratuity.
From India, Chennai

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