Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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One person known to me worked as a secretary. There were two management fighting for nearly 8-9 years. Now one group that actually appointed the person is likely to lose power. As the person was appointed by one group that was in power, worked sincerely with them, the other group likely to come to power might target him. This is not apprehension but most likely happening. Can the new group (1) remove him on some pretext though worked for more than 10 years? (2) stop paying his gratuity, leave encashment etc., since he worked with full loyalty (being Secretary he has to work with confidentiality and integrity to boss in power) to the previous group? (3) can the present management delay payment of gratuity and other benefits showing financial crisis as reason (there are already 50-60 people to get). 4) what are the remedies in the above case? Kindly suggest. Thank you.
From India, Vijayawada
Gratuity payment is legally mandated and whether ruling party or opposition is ruling the company,payment cannot be denied.
Labour Commissioner is there to ensure labour rights are upheld.
As long as the employee meets with all conditions of gratuity payment, it can be delayed but not denied.
Delayed payment will have to be with interest.
Do not worry.

From India, Pune
Dear Rachakonda,
Needless to say that in any organization the employer is the most powerful person and whether one is a paid Chief Executive or an ordinary Office boy, no employee can continue his tenure in the organization peacefully and/or dignifiedly, if the employer does not like him for obvious reasons. But there are certain legal restraints. Therefore, the new management may resort to apply some indirect pressure tactics so effectively and constantly that the unwanted employee puts down the papers on his own. If good sense prevails, the new management may take the guy into confidence and keep him on the job so as to unearth the misdeeds or irregularities in the previous administration and this too is possible. Therefore, one can not make any educated guess at this point as your description points out that the organization is in shambles. Why not we expect the new management to have some constructive approach towards restoration? As is the remedy for denied or delayed gratuity as suggested by Mr.Rao, there are also legal remedies for unjustified termination as well as with holding of other terminal benefits. Better advise your friend to be very tactful to retain his job and if not possible, to look out for an alternative job.

From India, Salem
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