Company Forcefully Terminate Employee To Save Gratuity Amount - CiteHR
Labour Law & Hr Consultant
Sr. Hr Executive

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Naaptol Online Shopping LTD is firing all his employees because they are going to shrink their process and open new center in other city.
Company is not giving any compensation and also not giving gratuity amount.
I have completed my 4 years and 11 months in organization.
Please help me that how can and also I want to know that am I eligible for gratuity and compensation.
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You should approach labour commissioner of your area and submit written complain against your company. They will surely help you. Also, take some legal advice for filling complain against your company.
The place of employment of the employee determines the jurisdiction of the forum for statutory redress under any Labor Law in case of any violation relating to service conditions by any employer. Termination of the employment of a workman under the Industrial Disputes Act,1947 by the employer in breach of the contract of employment amounts to an industrial dispute that can be raised directly by the affected workman himself u/s 2-A(1) of the Act before the Conciliation Officer under the Act for the area in which the workman was employed last. Similarly, gratuity is a service condition governed exclusively by the Payment of Gratuity Act,1972 having its Controlling Authorities across the country for the disposal of claims relating to gratuity under the Act. Since in the case of the employees of the establishment like the poster who are nearing completion of the minimum qualifying period of of not less than five years of continuous service, the management is alleged to terminate them under some pretext or other like the one mentioned to deprive them their gratuity, the employees can make a joint-representation to the State Labor Commissioner which would at least act as a moral deterrent on the management and compel them to come to terms. That apart, already terminated employees who had rendered not less than 240 days of service in their 5th year can file their claims for gratuity together with interest before the respective Controlling Authority for the area as they are eligible for and entitled to gratuity under the Act. Better, jointly engage the services of any experienced advocate who would take care of the legal formalities.
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