Hi, Please let me know whether an employee can claim gratuity if the employer asks to resign. The work period of the employee is of less than 3 years. Regards, Shalini Mayank
From India, Delhi
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5From India, Delhi
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Hi Shalini, Yes, If the employer terminate any employee from their side, So, Employer has to pay the gratuity.. Regards,
From India, Mumbai
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From India, Mumbai
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Hi Tushar, Can you please let me know about the law for the same or any clause? This is for my friend as she wants to claim it. Regards, Shalini Mayank
From India, Delhi
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From India, Delhi
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Dear Employer,
An employer cannot legally ask an employee to tender resignation. You do not have to resign. You cannot claim gratuity for this period of service. If the employer terminates your service, whether justified or unjustified, and if you have not completed five years of service, then you are not entitled to any gratuity amount from the employer. You can only bargain or request this point with your employer. Opinion submitted as requested.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
From India, Delhi
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An employer cannot legally ask an employee to tender resignation. You do not have to resign. You cannot claim gratuity for this period of service. If the employer terminates your service, whether justified or unjustified, and if you have not completed five years of service, then you are not entitled to any gratuity amount from the employer. You can only bargain or request this point with your employer. Opinion submitted as requested.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
From India, Delhi
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Dear Mr. Khola,
I believe, based on my understanding, that if an employer terminates an employee for an acceptable reason, the employer is required to pay the employee gratuity for the duration worked, even if the employee has not completed five years of service. Due to the termination, the employee may be unable to fulfill the entire service period and may not wish to resign, but the company does not wish to continue the employment.
This is my opinion. Please let me know if I am mistaken.
Regards,
From India, Mumbai
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I believe, based on my understanding, that if an employer terminates an employee for an acceptable reason, the employer is required to pay the employee gratuity for the duration worked, even if the employee has not completed five years of service. Due to the termination, the employee may be unable to fulfill the entire service period and may not wish to resign, but the company does not wish to continue the employment.
This is my opinion. Please let me know if I am mistaken.
Regards,
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc