I had exited from the company where I had worked for eight years. Also, the company had changed its rules for the notice period to 3 months a few months back.
I had given my notice period of 1 month and seven days and informed my manager from day one that I couldn't serve more due to a new job opportunity. During that time, I emailed the manager to release me on my requested timeline of 1 month and seven days, but he rejected the request. On the last day of my exit, I emailed all managers informing them about my last day in the company and that I had handed over all my assets to company personnel.
Now the company is paying me gratuity but showing the reason for separation as "Separation-Absconding."
What is my right to avoid showing "Absconding" in the gratuity form?
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I had given my notice period of 1 month and seven days and informed my manager from day one that I couldn't serve more due to a new job opportunity. During that time, I emailed the manager to release me on my requested timeline of 1 month and seven days, but he rejected the request. On the last day of my exit, I emailed all managers informing them about my last day in the company and that I had handed over all my assets to company personnel.
Now the company is paying me gratuity but showing the reason for separation as "Separation-Absconding."
What is my right to avoid showing "Absconding" in the gratuity form?
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Why should a gratuity form contain the reason for separation? You are getting the gratuity, right? Then collect it. Ignore what is written as the reason for the payment of gratuity. But ensure that you get a relieving letter that does not show that you have abandoned the job. There is no word called 'absconding' for leaving employment. Moreover, you have served the notice period as per your original appointment order. If the change of the notice period has not been issued in the prescribed form as per Section 9A of the Industrial Disputes Act, it will not be valid. Also, for employees not having managerial rights (managerial rights not managed by designation), there is no need to give notice if they want to leave the company.
From India, Kannur
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4526From India, Kannur
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Gratuity Form I.doc