Wrongfully terminated and not paid gratuity by company

Hi, Need help. I was working in a IT company. Company has around 25 employees. I got terminated recently due to not performing particular tasks (as per management). Now would like to get gratuity from the company for my services. I have offer letter, current salary slips and relieving letter. How should I ask for my gratuity.

Answers (2)

88 votes

Read your employment agreement carefully.
If it doesn't talk about notice period from employee, send your employer a legal notice asking for gratuity by registered post.
If he doesn't provide you with a reply within 15 days of legal notice, file a Summary suit under order 37 of cpc.

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198 votes

In case you have completed 5 yrs service before the termination, you are entitled to claim Gratuity from your employer with interest.
Pl note the services of a permanent employee can not be terminated in the manner as mentioned You can also challenge your termination

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