Dear Member,
First of all I must appreciate the enthusiasm and courage being shown by you in the hard time (for a women miscarriage is the toughest period to overcome). You have determination to get back your rights, and making efforts to find out the different ways (ethical, legal and logical) to win your fight for the justice. You have not stated whether you had ESI facility or not? If so, than the employer is not bound to pay any compensation towards “Miscarriage”. I really appreciate, in order to keep in confidential, you started the Thread with “ANNONYMOUS”, but later you have mentioned (disclosed) your name. I will suggest to remove your name, coz as you are planning (making effort), may be any known of the management also reading the thread. If you really want to fight legally than take every step from lawyer point of view.
The members (who have contributed above) are well known for their valued suggestions in the forum (specially Mr Ritesh and Mr Korgaonkar). However, they have different opinion towards gratuity.
Since you have given the resign, now taking back the resignation is not logical, the company will get idea that you have some backup plan. I would also suggest to work till the last day they allow you to work. By that time you will cover most period to qualify for gratuity payment. Meanwhile, pls don’t sign any document which resembles your entitlement for Full and Final Payment.
Rightly said by Mr. Korgaonkar as per the ACT, an employee is entitled for gratuity only after 5 years continuous service. The Term “240 days” came into existence on basis of qualifying 1 year uninterrupted service. An employee shall be deemed to be in continuous service if he has been actually employed, during the preceding twelve months, not less than 240 days. On basis of that we assumes 240 days working in the fifth year will be entitled for 1 year service (hence five year completed for Gratuity entitlement).
Though the term of 240 days for 5th year is neither provided in the Act, nor any Amendment has been issued. Still we have heard in many cases the Hon’ble court has given decision in favour of employee/s for 5th year eligibility agst gratuity payment. If the employee has worked for 240 days in the 5th year.
With regard to full and final payment I have separate opinion. Don’t accept the Full and Final amount and don’t sign over the F&F Sheet. If you can ask them to give copy of the F&F Sheet (by giving excuse to show this to your family), pls take copy of the sheet.
Later, instead accepting the F&F in response you can write letter regarding your Miscarriage and gratuity payment as well. If they don’t accept/reply to your letter, pls contact to any Lawyer, as per my opinion you will definitely win the battle.
This is my biggest conversation is a single thread, but I considered different opinions to cover most points. Hope you will find it as per requirement.
Good Luck.
First of all I must appreciate the enthusiasm and courage being shown by you in the hard time (for a women miscarriage is the toughest period to overcome). You have determination to get back your rights, and making efforts to find out the different ways (ethical, legal and logical) to win your fight for the justice. You have not stated whether you had ESI facility or not? If so, than the employer is not bound to pay any compensation towards “Miscarriage”. I really appreciate, in order to keep in confidential, you started the Thread with “ANNONYMOUS”, but later you have mentioned (disclosed) your name. I will suggest to remove your name, coz as you are planning (making effort), may be any known of the management also reading the thread. If you really want to fight legally than take every step from lawyer point of view.
The members (who have contributed above) are well known for their valued suggestions in the forum (specially Mr Ritesh and Mr Korgaonkar). However, they have different opinion towards gratuity.
Since you have given the resign, now taking back the resignation is not logical, the company will get idea that you have some backup plan. I would also suggest to work till the last day they allow you to work. By that time you will cover most period to qualify for gratuity payment. Meanwhile, pls don’t sign any document which resembles your entitlement for Full and Final Payment.
Rightly said by Mr. Korgaonkar as per the ACT, an employee is entitled for gratuity only after 5 years continuous service. The Term “240 days” came into existence on basis of qualifying 1 year uninterrupted service. An employee shall be deemed to be in continuous service if he has been actually employed, during the preceding twelve months, not less than 240 days. On basis of that we assumes 240 days working in the fifth year will be entitled for 1 year service (hence five year completed for Gratuity entitlement).
Though the term of 240 days for 5th year is neither provided in the Act, nor any Amendment has been issued. Still we have heard in many cases the Hon’ble court has given decision in favour of employee/s for 5th year eligibility agst gratuity payment. If the employee has worked for 240 days in the 5th year.
With regard to full and final payment I have separate opinion. Don’t accept the Full and Final amount and don’t sign over the F&F Sheet. If you can ask them to give copy of the F&F Sheet (by giving excuse to show this to your family), pls take copy of the sheet.
Later, instead accepting the F&F in response you can write letter regarding your Miscarriage and gratuity payment as well. If they don’t accept/reply to your letter, pls contact to any Lawyer, as per my opinion you will definitely win the battle.
This is my biggest conversation is a single thread, but I considered different opinions to cover most points. Hope you will find it as per requirement.
Good Luck.