Due to tremendous work volume, technical issues and lack of adequate staff, I missed performing quality checks on my subordinate's work. The client finds errors in their internal audit and claims for compensation. The situation is very well known to the management but asking for my resignation. I suspect I may not get my gratuity and other financial benefits. Please help me in dealing with this.
From India, Visakhapatnam
From India, Visakhapatnam
Dear member,
Are you sure that the client has demanded compensation for the submition of the erroneous work to them? Does the situation merit termination of employment? Did you submit application to your employer to show clemency?
How many years of service have you rendered? Are you sure about the eligibility to get gratuity?
If you are terminated, immediately after your separation, you submit Form-1 to claim gratuity. If the HR department does not accept it by hand, then send the filled form by Speed Post. Maintain the records of the receipt from the post office. If the employer fails to pay, then you may approach this forum again.
Thanks,
Dinesh Divekar
From India, Bangalore
7855Are you sure that the client has demanded compensation for the submition of the erroneous work to them? Does the situation merit termination of employment? Did you submit application to your employer to show clemency?
How many years of service have you rendered? Are you sure about the eligibility to get gratuity?
If you are terminated, immediately after your separation, you submit Form-1 to claim gratuity. If the HR department does not accept it by hand, then send the filled form by Speed Post. Maintain the records of the receipt from the post office. If the employer fails to pay, then you may approach this forum again.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi,
Are you eligible for Gratuity and had rendered contineous 5 years service as stipulated in the Gratuity Act?
It depends on the volume of loss to the Company. But employer has to prove that the loss is solely due to your negligence in your work. Gratuity can be forfeited by the employer on the following grounds:
"Besides safeguarding the interests of an employee, the Gratuity act also lets the employer exercise control over the partial or whole gratuity amount to be paid, in the event of grave misconduct or damage caused by the employee to the belongings of the employer and others.
The gratuity of an employee whose services are being considered to be terminated on the accountability of an act of wilful omission/negligence causing any damage or loss to, or destruction of, property belonging to the employer shall be forfeited to the extent of the damage or loss/vandalisation so caused"
However the damages suffered by the employer should be quantified
principles of natural justice must be adhered to, the employer must pass an order to forfeit the gratuity, whole or partial, following law and its legal proceedings.
As they are asking your resignation they might clear your settlement including Gratuity.. So please don't jump into conclusions by yourself.
From India, Madras
Are you eligible for Gratuity and had rendered contineous 5 years service as stipulated in the Gratuity Act?
It depends on the volume of loss to the Company. But employer has to prove that the loss is solely due to your negligence in your work. Gratuity can be forfeited by the employer on the following grounds:
"Besides safeguarding the interests of an employee, the Gratuity act also lets the employer exercise control over the partial or whole gratuity amount to be paid, in the event of grave misconduct or damage caused by the employee to the belongings of the employer and others.
The gratuity of an employee whose services are being considered to be terminated on the accountability of an act of wilful omission/negligence causing any damage or loss to, or destruction of, property belonging to the employer shall be forfeited to the extent of the damage or loss/vandalisation so caused"
However the damages suffered by the employer should be quantified
principles of natural justice must be adhered to, the employer must pass an order to forfeit the gratuity, whole or partial, following law and its legal proceedings.
As they are asking your resignation they might clear your settlement including Gratuity.. So please don't jump into conclusions by yourself.
From India, Madras
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