Terminated for Absconding: Can I Still Get My Gratuity, PF, and Relieving Letter?

I have been working in a reputed company for two years but was recently terminated due to being absconded. Will I get the gratuity for the two years I have worked? Also, will I receive the relieving letter from the company? Can I claim the PF? In case the employer denies approval of the PF, can I do something about it? I need your suggestions.

Thanks and regards,
John

Absconding and Its Implications

Absconding is considered voluntary termination. No, you would not be entitled to gratuity. You can withdraw your PF as per the rules.

I have been working in a reputed company for two years but recently was terminated from work due to being absconded. Will I get the gratuity for the two years I have worked for? Also, will I receive the relieving letter from the company, and can I claim the PF? In case the employer denies approval of the PF, can I do something about it? I need your suggestions.

Thanks and regards,
John

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Please Answer the Following:

- You were absconded and were terminated, so "What do you think TERMINATION" is and has it caused you any trouble in any way?
- Are you currently working anywhere or not?
- What made you take this step of absconding and why didn't you resign, which was the appropriate way to take leave?
- Have you tried to speak with your HR at the previous employer and requested a Relieving Letter?
- If yes, what were the responses from them?
- Have you applied for the withdrawal of EPF?
- Lastly, did you get the termination letter and full and final settlement from your company or not?

Is this query related to "Gratuity" only and not related to your career? What do you think about it?

As of now, you have not shared much about yourself; therefore, it is not easy to predict what your HR personnel will do. So, in that case, the above-posted questions will help me and other members understand your situation and provide appropriate answers.

Second, I'd suggest you think about it and meet with your HR personnel at the said company with your queries/questions, which is the best way. No, you won't be able to get gratuity.

Absconding is considered voluntary termination. No, you would not be entitled to gratuity. You can withdraw your PF as per rules. You should receive your relieving letter after your F&F is settled.

Regards

Absconding and Its Implications

Absconding is an involuntary exit; you cannot avail of gratuity. Regarding your experience letter and Full and Final (FnF) settlement, it depends on the company policy. For example, in HCLTech, if you abscond, you will receive the experience letter after 6 months from the date of termination, provided there are no dues by the employee.

As per the rules, you are not entitled to gratuity. For gratuity, you must complete 5 years of service.

What is Gratuity?

The term gratuity is popular in India and is defined as the amount payable to any employee who serves for a minimum period of 5 consecutive years with their employer. Gratuity pay can be received by an employee at the time of their retirement or by their legal beneficiary in the event of the employee's death. Gratuity is often considered as income, and the employee who receives gratuity is liable to pay tax on it. Gratuity is taxable under the head of salary, and gratuity received by the legal beneficiary is taxable under the head of income from other sources. The tax is exempted for the entire amount in the event of a government employee's death-cum-retirement gratuity, and nothing is hence taxable under the head of salary.

Regards,
Ritika Chaurasia

Gratuity Eligibility

No, for gratuity, an employee should complete a minimum of 5 years of service.

Relieving Letter

The termination letter itself serves as the relieving document from services.

Provident Fund (PF) Claim

Yes, you can claim it.

Action if Employer Denies PF Approval

If you are in a new job where you have a PF Account, you can transfer it to your new PF Account. Please approach your new HR. If you are not currently employed, you can visit your nearest PF Office and submit the necessary forms with an attestation from any Bank Branch Manager in lieu of your previous employer's signature on the forms, along with your cancelled cheque/Bank Statement.