Company refused gratuity as I left without resignation

amarsan
I had worked with a company XXX bpo pvt. Ltd in Guraon for 8 years but due to some reason I had to leave that company without resignation and joined other company.
When I asked for gratuity they refused and said that u did not resigned. So can I get the gratuity or not. If they refuse what can I do...please give in detail.
Thanks
Srinath Sai Ram
you are entitled for gratuity.But Employer can deduct shortfall in notice Period as per the Terms of Appointment mutually agreed & accepted.Please submit your Gratuity claim application in writing & intimate employer to deduct Notice period salary & pay balance amount
sb_mani1980
Dear Friend,
It is serious Issue, Because without resignation you have joined in another organization, as per your query i have understand the XXX company till date maintaining in they are roll.
For claiming your Gratuity your resignation is important, So first you have to submit your resignation.
As per your appointment order term your liable to pay Notice Period payment, then you have clear other dues.
After the you have to Submit Gratuity Claim Form I, From the date submission (Form I) - 30 Days they will settle your Gratuity.
Regards
M.Subramanian
nashbramhall
Dear Amarsan,
When you ask a question without giving sufficient details, the only thing that you get will be a general reply. In order to give you detailed specific advice, you need to tell us what were the terms and conditions of your employment. Taking a hypothetical case, for example, if they had sent you on a recent training which cost as much as your gratuity claim or more and you have to give 3 months notice, etc., may be you owe the company rather than the company pay you some amount. I have mentioned this as a lay man rather than either as a HR expert or a lawyer.
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