Hi all,
Recently, I got terminated from the job and referred back to HR because someone used my manager's ID to make changes on my account and they are blaming that it's me who did all this but I was not aware all these things and completed 5 years and 360 days in the same company. I met the HR but they denied me to provide any experience letter and gratuity amount because according to them it's a ZTP issue and I will not get anything in this situation. I am being punished for something which I didn't do. Can anyone let me know, what should I do about this situation because I have already talked to higher management and they are saving their manager because I am just a support executive over there. Please help me to get my gratuity and experience letter and I'll do anything about this matter because it's a matter of dignity. Thanks!
Regards,
Avneesh K
From India, Delhi
Recently, I got terminated from the job and referred back to HR because someone used my manager's ID to make changes on my account and they are blaming that it's me who did all this but I was not aware all these things and completed 5 years and 360 days in the same company. I met the HR but they denied me to provide any experience letter and gratuity amount because according to them it's a ZTP issue and I will not get anything in this situation. I am being punished for something which I didn't do. Can anyone let me know, what should I do about this situation because I have already talked to higher management and they are saving their manager because I am just a support executive over there. Please help me to get my gratuity and experience letter and I'll do anything about this matter because it's a matter of dignity. Thanks!
Regards,
Avneesh K
From India, Delhi
What are the reasons shown in the termination orders?
Whether any domestic enquiry was conducted before termination?
Is there a separate notice or a clause in the termination orders regarding forfeiture of your gratuity?
Since it is mentioned that you were employed as only a Support Executive, you raise a dispute u/s 2A of the Industrial Disputes Act,1947 before the area Labour Officer.
Simulatneously file a claim for gratuity with interest before the Controlling Authority for the area under the Payment of Gratuity Act,1972. They will come to terms.
Better consult an Advocate or a trade union leader.
From India, Salem
6016Whether any domestic enquiry was conducted before termination?
Is there a separate notice or a clause in the termination orders regarding forfeiture of your gratuity?
Since it is mentioned that you were employed as only a Support Executive, you raise a dispute u/s 2A of the Industrial Disputes Act,1947 before the area Labour Officer.
Simulatneously file a claim for gratuity with interest before the Controlling Authority for the area under the Payment of Gratuity Act,1972. They will come to terms.
Better consult an Advocate or a trade union leader.
From India, Salem
It is not clear as to what is the meaning of ZTP issue.If you are not terminated for misconduct or even if so your misconduct is not such as stipulated
in the Gratuity Act attracting provisions of forfeiture,you are entitled for gratuity and irrespective of your designation you can raise the claim with Controlling Authority in your area.
From India, Pune
in the Gratuity Act attracting provisions of forfeiture,you are entitled for gratuity and irrespective of your designation you can raise the claim with Controlling Authority in your area.
From India, Pune
You have not mentioned whether your employer initiated disciplinary proceedings and then issued termination.
If they have terminated you without following disciplinary proceedings, it is not at all valid to deny gratuity. So better seek the consultation of a good labour lawyer
From India, Bangalore
If they have terminated you without following disciplinary proceedings, it is not at all valid to deny gratuity. So better seek the consultation of a good labour lawyer
From India, Bangalore
It will be better if you meet HR head and explain him all the position. Do not threaten him to file a case against the company but at the same time submit your claim for gratuity in writing referring termination letter.
If he/ she refuses to accept the letter write in front of him that he/ she has refused to accept the request for claim. You need to bring things on record for your claim. Subsequently you can file a claim with Asstt. Labour commissioner / labour commissioner (controlling authority under Payment of gratuity act and raise your claim with interest on delayed payment.
Contact labour inspector / labour officer of the area and file a complaint regarding non issue of experience certificate by the company.
Termination after inquiry for misconduct is a lengthy process where charges once leveled against an employee stand proved , even then a opportunity for explaining his position is required to be brought on records. If all this has happened and you have accepted the same then you are only entitled to gratuity amount what so ever is due and also experience cum relieving letter.
It is serious matter and needs to be sorted out in manner so that no one is required to be blamed afterwards.
Regards
From India, Chandigarh
If he/ she refuses to accept the letter write in front of him that he/ she has refused to accept the request for claim. You need to bring things on record for your claim. Subsequently you can file a claim with Asstt. Labour commissioner / labour commissioner (controlling authority under Payment of gratuity act and raise your claim with interest on delayed payment.
Contact labour inspector / labour officer of the area and file a complaint regarding non issue of experience certificate by the company.
Termination after inquiry for misconduct is a lengthy process where charges once leveled against an employee stand proved , even then a opportunity for explaining his position is required to be brought on records. If all this has happened and you have accepted the same then you are only entitled to gratuity amount what so ever is due and also experience cum relieving letter.
It is serious matter and needs to be sorted out in manner so that no one is required to be blamed afterwards.
Regards
From India, Chandigarh
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REQUEST FOR DEDUCTION OF GRATUITY AMOUNT (2).pdf
Security Amount Proof.docx