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Is there any slab system in gratuity calculation? If yes, please explain with examples for 5 years of service, 10 years and above, and 15 years and above.

If an employer asks for resignation and the employee does not comply, and after some days, the employer verbally instructs the employee not to come to the office without giving any written notice, what should the employee do in this case? Can the employee ask for one month's notice pay and one month's (instead of 15 days) for gratuity calculation? If yes, under which section can the employee make this request, and whom should he approach?

Thank you.

From India, Mumbai
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Avika
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There is no slab system for gratuity. The oral communication for not coming to the office is not legal. The employer has to give a written notice for termination. If the termination is with immediate effect, the employer would have to pay the notice pay as per the terms of the appointment letter. The employee can ask for notice pay and settlement of other dues.
From India, New Delhi
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Dear All,

One of our employees has resigned, and he has completed 5.4 years of service with us. So, he is eligible for Gratuity. I have calculated, filled the claim form, and sent it to LIC. I don't know the next procedure. What should I have to do after this? Please guide me.

From India, Madras
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