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Employer intentionally terminated me Employer intentionally terminated me

1 year ago

My employer has terminated me just 2 months before I complete my 5yrs with the organization to skip gratuity.

Anik

Responded 1 year ago

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A.Dear Client,
It is advisable that you communicate with the HR or the manager in this regard and know the reason of termination. In case of an invalid termination with a malice intent, you're eligible for legal action.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
4years 240 days is enough for claiming gratuity.

https://www.linkedin.com/pulse/employee-benefits-india-payment-gratuity-what-himachali-gphr/

https://www.linkedin.com/pulse/gratuity-required-complete-5-years-continuous-service-rahul-kumar/



\\\"As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.\\\"
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