Wrongfully Terminated and Denied Gratuity: How Can I Fight for My Rights?

Hi all, Recently, I was terminated from my job and referred back to HR because someone used my manager's ID to make changes to my account. They are blaming me for these actions, but I was unaware of what was happening. I had completed 5 years and 360 days in the same company. When I met with HR, they denied me an experience letter and gratuity amount, stating that it's a ZTP issue and I will not receive anything in this situation. I am being punished for something I did not do.

Seeking Advice on Next Steps

Can anyone advise me on what steps I should take in this situation? I have already spoken to higher management, but they are protecting their manager as I am just a support executive there. Please help me obtain my gratuity and experience letter. I am willing to do whatever it takes as this is a matter of dignity.

Thanks!

Regards, Avneesh K

Questions to Consider Regarding Termination

What are the reasons shown in the termination orders? Was any domestic inquiry conducted before termination? Is there a separate notice or a clause in the termination orders regarding the forfeiture of your gratuity?

Since it is mentioned that you were employed only as a Support Executive, you can raise a dispute under Section 2A of the Industrial Disputes Act, 1947, before the area Labour Officer. Simultaneously, file a claim for gratuity with interest before the Controlling Authority for the area under the Payment of Gratuity Act, 1972. They will come to terms. It is advisable to consult an advocate or a trade union leader.

Regards

It is not clear as to what is the meaning of ZTP issue. If you are not terminated for misconduct, or even if so, your misconduct is not such as stipulated in the Gratuity Act attracting provisions of forfeiture, you are entitled to gratuity. Regardless of your designation, you can raise the claim with the Controlling Authority in your area.

You have not mentioned whether your employer initiated disciplinary proceedings and then issued termination. If they have terminated you without following disciplinary proceedings, it is not at all valid to deny gratuity. So better seek the consultation of a good labor lawyer.

Steps to Address Gratuity and Experience Letter Issues

It will be better if you meet the HR head and explain the situation regarding the position. Do not threaten to file a case against the company, but at the same time, submit your claim for gratuity in writing, referring to the termination letter.

If he/she refuses to accept the letter, write in front of them that they have refused to accept the request for a claim. You need to bring things on record for your claim. Subsequently, you can file a claim with the Assistant Labour Commissioner/Labour Commissioner (the controlling authority under the Payment of Gratuity Act) and raise your claim with interest on delayed payment.

Contact the labour inspector/labour officer of the area and file a complaint regarding the non-issuance of an experience certificate by the company.

Understanding Termination and Gratuity Entitlement

Termination after an inquiry for misconduct is a lengthy process where charges, once leveled against an employee, must be proven. Even then, an opportunity for explaining one's position is required to be brought on record. If all this has happened and you have accepted the same, then you are only entitled to the gratuity amount due and an experience cum relieving letter.

It is a serious matter and needs to be sorted out in a manner so that no one is blamed afterward.

Regards