Completed And Closed Full & Final Settlement Without Paying Gratuity And Other Claims. - CiteHR
Sushilkluthra@gmail.com
Consultant In Legal Matters
Venkata.bharath
Technical Lead
+1 Other

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi, I got released from my previous company on April 20, 2015 and also have got the Full and Final settlement done and paid-off accordingly by April 30th. But the F&F settlement doesn't contain the information about the Gratuity and relocation expenses submitted earlier for claim.I have worked for this company for 5 years 6 months & 20 days where I am eligible for gratuity which wasn't paid off. Besides that I was forced by company to resign, I have placed a claim of relocation expense sometime in the past and have submitted the proof of bills too before my last working day which I have expected all to be settled while F&F where I also have discussed about this with Finance team and was told that it will be taken care and be claimed along with F&F and paid-off.

Currently when I have mailed the company for both of this, the HR team from Gratuity has responded back saying that " I will check with Payroll and revert you on this mail at the earliest," and its been a week with no information.

On the other hand, the finance team from claiming department has started sending mails explaining policy to avoid paying this off per my understanding so far. At first, they reverted back to me saying that I have left organization in less than an year from the date of submission of claim and so I am not eligible. when I read the past and present policy, it says so only for newly joined resources, but it is 6 months condition for people on transfer which I reverted back to them. Later on next day, they started saying that it has to be claimed in 3 months from the date of joining. This condition from policy doesn't speak about the one who came on transfer and still I am seeing a feel of not to be paid-off by company from the way they are approaching.

At this point of time I am in need of money due to the health issues in my family where I am not eligible for Insurance policy too which I forgot at that time and later I have expected all of it through F&F although my situation without job is critical and I haven't been paid it off so far.

My question is, can this be allowed that an employee's F&F is paid-off without Gratuity and other claims being paid against the policy standards.
Can I file a complaint on the employer's behavior where they have forced me to resign and threatening that they will terminate if I don't do so by end of the day, leaving no health policy such as maternity coverage and not settling the actual funds that I expected even after F&F is closed besides such a responses from Finance department to waive it off from paying the expenses expecting me to forget/not to ask about that.

Regards,
Venkata.

Your query is whether you can file a complaint on the employer's behavior where they have forced you to resign by threatening that they would terminate if you did not do so by end of the day. It can be possible to make complaint to the appropriate forum but in your case do not seem to have protested the signing of resignation and even accepted F&F after 10 days. Your submissions may not be accepted. It is only if you had requested for acceptance of resignation after one month’s notice, but employer accepted it with immediately same day, when you can seek for setting aside the resignation.

But as far as Gratuity dues are concerned, make a representation to employer to pay your gratuity dues immediately otherwise lodge complaint with the authorities under the Payment of Gratuity Act.

You are entitled for service compensation under section 47(3) of the ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988 amounting to fifteen days average wages for each year of continuous employment but 15 days wages may be forfeited under the said section. Thus send legal notice to pay you service compensation and relocation charges also.

Extract of section 47:

“ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988

47. Conditions for terminating the services of an employee, payment of service

compensation for termination, retirement, resignation, disablement, etc., and payment of

subsistence allowance for the period of suspension :- (1) No employer shall, without a

reasonable cause terminate the service of an employee who has been in his employment

continuously for a period of not less than six months without giving such employee

atleast one month s notice in writing or wages in lieu thereof and in respect of an

employee who has been in his employment continuously for a period of not less than

one year, a service compensation amounting to fifteen days average wages for each year

of continuous employment:

Provided that every termination shall be made by the employer in writing and a copy of

such termination order shall be furnished to the Inspector having jurisdiction over the

area within three days of such termination.

(2) The services of an employee shall not be terminated by the employer when such

employee made a complaint to the Inspector regarding the denial of any benefit

accruing to him under any labour welfare enactment applicable to the establishment and

during the pendency of such complaint before the Inspector. The services of an

employee shall not also be terminated for misconduct except for such acts or omission

and in such manner as may be prescribed.

(3) Every employee who has put in a continuous service of not less than one year shall

be eligible for service compensation amounting to fifteen days average wages for each

year of continuous employment, (i) on voluntary cessation of his work after completion

of 60 years of age, (ii) on his resignation, or (iii) on physical or mental infirmity duly

certified by Registered Medical Practitioner, or (iv) on his death or disablement due to

accident or disease:

…..

(2) An employee who has completed the age of sixty years or who is physically or

mentally unfit having been so declared by a Registered Medical Practitioner or who

wants to retire on medical grounds or to resign his service may give up his employment

after giving to his employer notice of atleast fifteen days and where no such notice is

given, the service compensation payable to him shall be forfeited to the extent of fifteen

days in lieu of the notice.”

Thanks

Sushil

If you have completed more than 5 years of service, employer is obliged to pay you your gratuity. If you think that they are dilly-dallying the issue. Just write mail to HR saying that if you do not receive gratuity within 7 days, you will have no option but to approach labour office.
If they don't respond, do write to the labour office narrating facts of the case.
Shrikant

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™