90,000+ Legal Questions Answered
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.
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.
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.
Helpful
Helpful
Share
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.\\\"
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.\\\"
Helpful
Helpful
Share
Read Related Answers
Variable Pay Components - How to add Variable pay in offer letter and salary slips
Dear Client,
Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay...
layoff as BU is closing
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Termination
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location