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Legal remedy regarding refusal of gratuity
01-Feb-2023 (In Labour & Service Law)
Dear sir I have been working in a share broking firm for more than 11 year I quit the job and joined kvs now the offering me 50% of my gratuity and saying if you will registered a case against us we will not give any amount and we will show training cost in this amount , I want to know sir there were no increment since 4 years still they are refusing my gratuity...what should I do
Training cost cannot be deducted from gratuity. And after putting in 11 years training cost cannot be recovered under any guise.
You are entitled to 100% of the gratuity.
So far as you not getting an increment is concerned, you cannot claim anything against it unless your contract specifies that you are entitled for such increment.
You should approach the labour court. The labour inspector will first initiate a conciliation proceeding and call both parties together to resolve the issue. If the conciliation proceeding fails he will forward the report with a recommendation to the labour court.
You will have to contest the case before the labour court in that case.
You are entitled to 100% of the gratuity.
So far as you not getting an increment is concerned, you cannot claim anything against it unless your contract specifies that you are entitled for such increment.
You should approach the labour court. The labour inspector will first initiate a conciliation proceeding and call both parties together to resolve the issue. If the conciliation proceeding fails he will forward the report with a recommendation to the labour court.
You will have to contest the case before the labour court in that case.
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Adv. Ajit Wagh
Delhi | 25+ Answers
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