Employer Forfeiture of Gratuity: Can They Withhold It After 6 Years of Service?

Employer Forfeiture of Gratuity

Can an employer forfeit gratuity if an employee was terminated from the company after being associated with the company for the last 6 years?

Source: https://www.citehr.com/461504-can-em...#ixzz2UUMI4MKe

Company has put lots of points against termination, so do you think I can file a suit against the company? I have also signed the termination letter. At that moment, I was not aware that the company forfeited my gratuity as well.

Regards.

Dear Rupeshdelhi, simply being terminated by the company is no reason for denial of gratuity. Even termination for misconduct is also not a reason, as there are many misconducts which are not considered serious or warrant major punishment like termination. Additionally, the company has to prove the misconduct through a proper inquiry that adheres to the principles of natural justice. Moreover, the inquiry has to be quasi-judicial in nature, something that very few companies have the know-how to conduct.

From my experience, I can tell you that the company shall be forced to give you gratuity if the matter goes to court (assuming other things are as true as stated by you). The fact that ex-employees do not fight for their rights encourages these companies to be arrogant enough to violate laws.

Warm regards.