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Am I eligible for gratuity
13-Apr-2023 (In Labour & Service Law)
dear sir/mam My name is hari prasad gupta and I works from 2009 to 30march17 in bosch ltd in jaipur by contracts basis and my current salary is 8800rs. but owner of contract removed me with the letter which is written that I created low discipline and I did not learn my proper work , on 30march17 and removed me instantly. but my discipline is good and nice and I know whole the work from my side. The contractor removed total 4 employee at a single time. those 4 employee got similar letter having me also. the behavior is also good of me and all know my good behavior. Contractor gives me 1month salary free and i signed me because I didn't know about any graduti. if police will try to know my behaviour then ok , I accept because every person know my good behavior. tell me please am I eligible for graduti if I case in court.
Mr. hari prasad as you have said you were working on contract basis your remedies for legal actions are limited still i would like to see your appointment letter and contract on which you were appointed and your removal letter without reading i cannot give you the exact advice you require and gratuity you deserve can never be taken by anyone.. fix an appointment because without that no body can help you
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Adv. Divesh Sharma
Jaipur | 100+ Answers
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Entitlement of gratuity is continuous working of 5 years. As u have completed eligibility criteria hence you are eligible for gratuity payment. Employer have to pay the same on last salary which is u say.
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Adv. Mahesh Kushwaha
Udaipur | 100+ Answers
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Dear , it is difficult to say at this juncture without having seen your contract letter and conditions of that contract letter. It is ok that your employer took signature of yours but giving just one month salary is not sufficient and you can very much ask the reason for your removal . Apart from that what are the retainership/ contract agreement that one will have to see , but yes, you can go to court for relief.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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