Terminated During Notice Period: Can I Still Claim Gratuity After 5 Years of Service?

I am working in a hospital. I have given my resignation, but the employer terminated me. Can I ask for gratuity as I have completed 5 years of service?

If what you've stated is true and the termination of your employment happened exactly the same way, you are eligible for gratuity since the completed service is 5 years.

Dear Sujir,

If you have completed your service of 5 years, then yes, you are entitled to gratuity. The only point that needs to be understood is the grounds on which the company terminated you. If it is due to gross misconduct, then what was it?

Thank you.

Are you accepting the Termination Order without objecting? You seem to be focusing only on Gratuity. This termination may harm your future job prospects. Apart from Gratuity, you can also ask for compensation for illegal termination. You have to share details of your Termination Order.

What was the ground alleged for termination? What was the procedure adopted?

Please let me know if you need any further assistance.

Yes, you can claim. However, I agree with the views of Mr. Srinath Sairam to seek relief due to resignation for personal reasons rather than termination.

I am not accepting the termination employer giving me 1 month salary. But not given anything in writing; orally, she says that.

Please let me know if you need further assistance.

It is understood that one month's salary is being given in lieu of notice. If, as per the terms of appointment, you may agree to a smooth handshake and receive the due gratuity if your total period, including the notice period, exceeds 5 years.