i hv wrkd with a company for 5 yrs & 6 mnths.....i hv applied for leave from 27th july to 10th august but didn\'t cme bck...but informed to reporting manager that i m nt cming n i want to leave d org. no written or mail only verbal.....thn my comp. HR sent notice to my mumbai address to report within 2 days on 12th of august. they sent one more letter on 14th(letters were mentioned as i m absconded) then they sent termination letter on 17th august...nw HR claims that i m not eligible for gratuity n asking recovery as notice period was not served....kindky suggest me

From India
Dear KMSingha,
To consider whether you are eligible for gratuity or not a few details are necessary. Please let us know:- The type of Industry or company was engaged in what type of business?.How many employees were working in the organisation? Whether you have some documents to show that you have the service period of 5 and half years of service, What type of job you were doing?. Whether you were initially appointed as a trainee/apprentice if so for how much period?
Well all these points will certainly help us to guide through.
Adv. K. H. Kulkarni

From India, Kolhapur
Dear KMSingha,
Your graduity will be given, are you sure that your tenure of working is more than 5 yrs. Do you have any doc to prove. If u have then no problem you will get your graduity. Secondly things like long leave has to be given in a proper mail to your immidate boss. Thirdly you should not talk about your leaving job to your seniors they might project it wrongly to the administration.

From India, Hyderabad
dear kulkarni sir and tony sir, thanx for your suggestion.....
yes i have appointment letter of dated 27th Feb 2008
i m continuously working since then...
company is running its business nation wide and it has more than 5000 employees...and I
i worked in company payroll

From India
Dear Singa,
Pl go directly to your company & ask to your settlement with all cliams, if they are ready to no giving such settlement you must go Asst Commissioner of Labour (Gratuity Section ) of the district & Lunch the complaint what it did happening.

From India, Chennai
Dear K M Singha,
In your post, you have not stated the type of job you were doing in company and how many employees were working in the office wherein you were working. Also, let us know what type of business the company is doing.

From India, Kolhapur
As per sec 13 and 14 of POG Act notice pay cannot be adjusted from gratuity.Any deduction or forfeiture is allowed only if an employee is terminated by an action of employer for committing certain misconduct specified in sec 4 (6) of the Act.
Varghese Mathew

From India, Thiruvananthapuram

Dear Mr. K.M.Singha,

First of all, i would like to inform you that your company has right to hold / wave off your gratuity amount. As per the payment of Gratuity Act, Gratuity paid to an employee is a gratitude for loyality of an employee for more than 5 years in same organisation.

As per the act company can hold the gratuity amount in case of any inharitant behaviour / misconduct found by an employee. As per your previous discussion, it is founded that you was absconded from the company Infact they have issued you show cause notice also to present for explaination , but you neither present physically in front of them , nor sent reply by registered post that you have intimated to your immidiate supervisor. It may comes in misconduct definition that you started absentiesm without information to company. In that case company can hold your gratuity amount.

Second thing in your case for recovery of notice period, then company can recover notice period salary from you as per company's HR policy and it should also mentioned in terms and condition of your appointment letter. This is a seprate issue from gratuity.

From India, Delhi
Mr. K M Singha
You have done a mistake by not submitting resignation. You are supposed to do formalities of clearance procedure.
As per act the gratuity can be kept on hold if an employee is involved in loss of capital of the Managment or involved in Moral turpitude act.
You do clearance formalities than ask for terminal benefits.

From India, Bangalore
Mr. Singha Ji,
@Mr. Anonymous& @Mr Satish,are absolutely right in guiding you.
You worked in a company for 5 +years, and eligible too.But you failed to follow the right procedure of quitting the company.First of all you need to get yourself regularized with you problem of absconding and settledown with your clearance with them. For this you will have to present yourself to Company management/hr.Thereafter you can claim the gratuity as per the laid down procedures for the same.
Thanks regards

From India, Vadodara

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