Can Employer Forfeit Gratuity If Employee Was Terminate From Company

rupeshdelhi
Employer forfeit Gratuity if an employee was terminated from the company, and he was associated with the company for the last 6 years.

Source: [CiteHR](https://www.citehr.com/461504-can-employer-forfeit-pf.html#ixzz2UUMI4MKe)
rupeshdelhi
Company has put lots of points against termination so do u think can i file suite against company. Whereas i have also signed the termination letter. As at that moment i was not aware about this fact that company forfeit my gratuity also.

The corrected version with proper spelling, grammar, and paragraph formatting is:

Company has put lots of points against termination, so do you think I can file a suit against the company? I have also signed the termination letter. At that moment, I was not aware that the company forfeited my gratuity as well.
Raj Kumar Hansdah
Dear Rupeshdelhi,

Simply being terminated by the company is no reason for denial of gratuity. Even termination for misconduct is also not a reason, as there are many misconducts which are not considered serious or warrant major punishment like termination. Additionally, the company has to prove the misconduct through a proper inquiry that adheres to the principles of natural justice. Moreover, the inquiry has to be quasi-judicial in nature, something that very few companies have the know-how to conduct.

From my experience, I can tell you that the company shall be forced to give you gratuity if the matter goes to court (assuming other things are as true as stated by you). The fact that ex-employees do not fight for their rights encourages these companies to be arrogant enough to violate laws.

Warm regards.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute