Dear Seniors,
Kindly note, one of our permanent workers was terminated due to long absenteeism after conducting the proper disciplinary procedure. However, he is denying accepting gratuity and other benefits such as the Company Welfare Fund, etc.
We informed him via letter communication to come and accept, but he has not responded. Should I submit the gratuity payment to the controlling authority on this ground? It has been one year since he was removed from our master role.
Possibility of Filing a Complaint
Is it possible for him to file a complaint against the company regarding his termination after one year? Should I pay the interest for the gratuity?
Please advise.
From India, Palakkad
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14Kindly note, one of our permanent workers was terminated due to long absenteeism after conducting the proper disciplinary procedure. However, he is denying accepting gratuity and other benefits such as the Company Welfare Fund, etc.
We informed him via letter communication to come and accept, but he has not responded. Should I submit the gratuity payment to the controlling authority on this ground? It has been one year since he was removed from our master role.
Possibility of Filing a Complaint
Is it possible for him to file a complaint against the company regarding his termination after one year? Should I pay the interest for the gratuity?
Please advise.
From India, Palakkad
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Dear Mohandas,
1) Since almost one year is over from the date of termination, the interest liability on gratuity arises even though the employee failed to collect it from the employer even after intimation. Therefore, deposit the amount with the C.A together with simple interest @ 10% p.a from the date it became payable.
2) The time limit for raising an industrial dispute u/s 2-A is 3 years from the date of termination. Therefore, within that period, he can raise a dispute.
From India, Salem
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1) Since almost one year is over from the date of termination, the interest liability on gratuity arises even though the employee failed to collect it from the employer even after intimation. Therefore, deposit the amount with the C.A together with simple interest @ 10% p.a from the date it became payable.
2) The time limit for raising an industrial dispute u/s 2-A is 3 years from the date of termination. Therefore, within that period, he can raise a dispute.
From India, Salem
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Thank you, Umakanthi Sir, for your valuable feedback. Let me clarify one thing: when we submit the Gratuity payment to the C.A., should we inform the concerned employee in writing that we have deposited their payment with the C.A.?
Regards
From India, Palakkad
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Regards
From India, Palakkad
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It is up to your company/management to inform the terminated employee. But statutorily speaking, once the company has decided to deposit the amount to the C.A., the concerned employee need not be informed. You have already informed him to collect the gratuity dues, but have not received any reply.
From India, Aizawl
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From India, Aizawl
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Can an employee be terminated after 5 years of inquiry, that too without any payment of wages in between or any interim relief? The company does not have any Certificate of Standing Orders and is not complying with Model Standing Orders.
Please let me know if you have any further questions or need clarification.
From India, Kanpur
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Please let me know if you have any further questions or need clarification.
From India, Kanpur
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Termination of an Employee After 5 Years of Inquiry
Terminating an employee after 5 years of inquiry, without any payment of wages and benefits in between, and with a labor court decision on adjudication stating that the workman is not entitled to any consequential benefits, is a complex situation. The transfer order served by the employers is deemed correct. The company does not have any Certified Standing Orders and is not complying with Model Standing Orders. The lower court did not favor the employee, and the matter is now in the high court.
Transfer of Miscellaneous Labor Court Cases
Can miscellaneous labor court cases under 33C2 be transferred from one court to another, as the State DLC states in writing that they can intervene only in adjudication matters filed through them? How can one overcome this situation?
From India, Kanpur
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Terminating an employee after 5 years of inquiry, without any payment of wages and benefits in between, and with a labor court decision on adjudication stating that the workman is not entitled to any consequential benefits, is a complex situation. The transfer order served by the employers is deemed correct. The company does not have any Certified Standing Orders and is not complying with Model Standing Orders. The lower court did not favor the employee, and the matter is now in the high court.
Transfer of Miscellaneous Labor Court Cases
Can miscellaneous labor court cases under 33C2 be transferred from one court to another, as the State DLC states in writing that they can intervene only in adjudication matters filed through them? How can one overcome this situation?
From India, Kanpur
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Of course, the temporary inability of the employer to disburse salary can be tolerated for some time by the employees. But when it becomes a routine affair, there is no purpose in continuing one's employment under such an employer. The employee can choose to resign and thereby claim his gratuity if the entire service rendered so far is not less than 5 years of continuous service.
From India, Salem
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From India, Salem
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf