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Gave resignation organization deducted salary want to claim gratuity
28-Dec-2023 (In Labour & Service Law)
I worked with an organisation fromfeb 2008 to nov 2017. And without any proper resignation (only verbal communication) i left my job from 1st dec 2017. Because my bond with organization is only till 30th nov 2017. Organization didn't give me Relieving letter. Organisation gave my salary on nov 2017 by cheque with dedution of 6 days salary though i am on approved leave. And send me a notice of misconduct and indiscipline. Though organization knew about my verbal resignation. I want to know about my gratuity. Csn i claim for gratuity?
Ideally you should inform through a written communication regarding your intention to cease your employment. Without looking at your service contract or the appointment letter, it will not be possible to give you any advise. Kindly share the service contract to look into the matter in detail. In general, gratuity cannot be withheld so you may write to the employer to release your gratuity and other dues, if any.
Helpful?
Dear sir,
Resignation has to be always in writing. Notice period remains from both side! In case company will terminate any employee, it has to give that employee a notice of 90days, which would be in writing! Also if an employee is leaving the job, a notice/resignation letter has to be given, as per the terms of the organisation.
In your case since you have not given a written resignation, they have deducted your salary of 6 days by way of punishment. There’s nothing to do with gratituty. You’re entitled to get your gratuity. In case they refuse to release the gratuity, you have take the Legal action.
Regards,
Renuka Sahu
Advocate Supreme Court
Resignation has to be always in writing. Notice period remains from both side! In case company will terminate any employee, it has to give that employee a notice of 90days, which would be in writing! Also if an employee is leaving the job, a notice/resignation letter has to be given, as per the terms of the organisation.
In your case since you have not given a written resignation, they have deducted your salary of 6 days by way of punishment. There’s nothing to do with gratituty. You’re entitled to get your gratuity. In case they refuse to release the gratuity, you have take the Legal action.
Regards,
Renuka Sahu
Advocate Supreme Court
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Adv. Renuka Sahu
Delhi | 25+ Answers
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Yes you can claim gratuity. If the number of employees is more than 10 in your organization then definitely you will get the gratuity for working around 9 years. Write a letter to the organization to give your gratuity. Contact for further help.
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Adv. Anupam Kirti
Delhi | 100+ Answers
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