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dlppardhi60
Dear All, Any one know the gratuity rule - my last company did not pay my gratuity amt because I absconded and they said the reason for same the amt is nearly 1.16L and they also dedicated 1 month's notice period salary from gratuity amt letter also send full and final but not pay.
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Agm - Hr&admin
Alok-singh1
Labour Law & Ir.
Dlppardhi60
It Engineer

vmlakshminarayanan
919

Hi,

Gratuity amount cannot be adjusted against notice period pay either partially or fully. Also the employer should pay the gratuity amount within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

As employee your uninformed absence from duty is wrong. However employer cannot justify holding gratuity for that reason.

From India, Madras
alok-singh1
78

An employer is bound to offer a gratuity payment. if you are eligible for Gratuity payment then your Employer can not hold your gratuity payment and you are truly entitled to receive gratuity payment within a month.
In Section_9 in the Payment of Gratuity Act_1972 some penalties provision is also available.
If there's any Challenges and problem you can Communicate with the Distt. Labour Enforcement Officer or Deputy Labour Commissioner for same.
Nothing to worry!


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