Employee Resignation and Settlement Issues
An employee resigned from service in August 2002. No status of his resignation is known to date (June 2016), despite communications made regarding the settlement of dues from time to time until 2006. The request for settlement of dues included reassessment of arrears due, date of increments, and the number of increments due as a result of earning superior qualifications. Consequently, no relieving certificate was provided. Only CPF was disbursed in favor of the employee in 2006. My submission is as follows:
1. Can the employee raise a request for the calculation of gratuity and payment of the same, considering the time lag that has elapsed?
2. It is evident that the employer is not willing to pay any attention to the request, raising issues of settlement of arrears and increments that are likely to change the basic wages (basic + DA), which is likely to enhance the quantum of gratuity payable.
3. Can the employee ask for the payment of gratuity while forfeiting his claim of reassessment of salary components as shared above?
I would appreciate all the help.
Regards
From India, Jammu
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An employee resigned from service in August 2002. No status of his resignation is known to date (June 2016), despite communications made regarding the settlement of dues from time to time until 2006. The request for settlement of dues included reassessment of arrears due, date of increments, and the number of increments due as a result of earning superior qualifications. Consequently, no relieving certificate was provided. Only CPF was disbursed in favor of the employee in 2006. My submission is as follows:
1. Can the employee raise a request for the calculation of gratuity and payment of the same, considering the time lag that has elapsed?
2. It is evident that the employer is not willing to pay any attention to the request, raising issues of settlement of arrears and increments that are likely to change the basic wages (basic + DA), which is likely to enhance the quantum of gratuity payable.
3. Can the employee ask for the payment of gratuity while forfeiting his claim of reassessment of salary components as shared above?
I would appreciate all the help.
Regards
From India, Jammu
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Employee Resignation and Dues Settlement
The employee resigned in the year 2002 and followed up with the company for his dues until 2006. After that, for a period of 10 years, he did nothing further.
The standard period of limitation is three years. The employee should have a very good reason and should ask for a waiver of the delay in replying if the court feels that the delay is justified. Otherwise, the employee has no hopes for it. The employer can claim he has paid all dues, but since the records don't need to be kept after 8 years, he has nothing to show.
It appears the employer is a central government employee. The employee can probably approach the central administrative tribunal for redress.
Regards
From India, Mumbai
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2508The employee resigned in the year 2002 and followed up with the company for his dues until 2006. After that, for a period of 10 years, he did nothing further.
The standard period of limitation is three years. The employee should have a very good reason and should ask for a waiver of the delay in replying if the court feels that the delay is justified. Otherwise, the employee has no hopes for it. The employer can claim he has paid all dues, but since the records don't need to be kept after 8 years, he has nothing to show.
It appears the employer is a central government employee. The employee can probably approach the central administrative tribunal for redress.
Regards
From India, Mumbai
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For the service period rendered from 1990 to 2002, the CPF was drawn in 2006, but the consequent dues in the form of gratuity remained unpaid, and the status of my resignation was never communicated to me till date as I had asked for reassessment of arrear dues, which was also not done or communicated. Should this reason not be sufficient to approach the authorities.
Regards
From India, Jammu
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Regards
From India, Jammu
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc