If the person left the job without serving notice period - how he/she can apply for gratuity claim?
From India, Kolkata
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From India, Kolkata
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Employee Resignation and Gratuity Entitlement
Whether the notice clause for resignation is complied with by the employee or not, there is no doubt that the termination of the employment has actually occurred. It is immaterial whether the employer leaves the matter as it is or initiates disciplinary action for unauthorized absence and formally terminates the employee for the misconduct of abandonment of services. Still, the right of the employee to claim gratuity for the period of service until their last date of attendance would remain unaffected, as such a dismissal is not due to the reasons enumerated under section 4(6)(1)(a) and (b) of the Payment of Gratuity Act, 1972.
From India, Salem
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6108Whether the notice clause for resignation is complied with by the employee or not, there is no doubt that the termination of the employment has actually occurred. It is immaterial whether the employer leaves the matter as it is or initiates disciplinary action for unauthorized absence and formally terminates the employee for the misconduct of abandonment of services. Still, the right of the employee to claim gratuity for the period of service until their last date of attendance would remain unaffected, as such a dismissal is not due to the reasons enumerated under section 4(6)(1)(a) and (b) of the Payment of Gratuity Act, 1972.
From India, Salem
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
Notice of Employee Change.doc