Employee Gratuity and Back Wages: Can You Claim Them After Misconduct or Absence?

Employee Gratuity and Back Wages: Key Considerations

When an employee is found guilty, is their gratuity forfeited?

Back Wages for Unauthorized Absence

When a petitioner was removed from service for unauthorized absence from duty and asked for back wages for the period between their removal and the date of reinstatement, the petitioner did not work during that period. Can the petitioner get back wages?

Process for Reinstatement and Removal of Service Certification

How does the petitioner obtain reinstatement and the removal of service certified by any authority? It depends on the situation. If the removal is by the company and reinstatement is by the court, then the petitioner can also claim back wages.

Gratuity cannot be forfeited unless acts of moral turpitude or riotous behavior are proved.

Secondly, an employee, if terminated for habitual absence, should be supported by a proper inquiry. The employee has the right to demand reinstatement with back wages because, according to him, it is wrongful termination.