Thread Started by #godisavailable

Respected Members,
I am working with a BPO in chennai and I joined the company on 4/11/2008. I am still with the same company and recently HR called and asked me to put resignation from my side saying the process I work with is not doing good. Kindly help me on what I am suppose to do.
Note : I am asked to quit by 31.7.2013
My doubts:
1. Am I eligible for Gratuity.
2. Can ask for a one month compensation from HR.
3. It is mentioned in my offer letter that a written notice period is required from both parties ( employee and employer.
4. Can they terminate me? in case if don\'t resign.
Kindly help me on this . Looking forward for your help
Thanks
Sudharsan Ram
godisavailable@gmail.com
994319199
Chennai

12th July 2013
Hi Sudharsan !

First of all, let's understand how gratuity provisions operates. Any employee serving an organisation for a continuous period of 4 yr and 240 days becomes eligible for Gratuity. You ahd joined the organisation on 4/11/2008. The period of 4 yr 240 days end on app. 4/7/2012. So on 5/7/2012 you become eligible for gratuity.

Now about payout. Every organisation must provide for such payouts as per AS-15. So organisation must have already provided for your money. Its just that its not willing to provide you.

Now your doubts:

1. Am I eligible for Gratuity.: Yes

2. Can ask for a one month compensation from HR.: You always can. Question is will they provide... That we don't know.. But revert is likely to be NO unless they officially terminate you

3. It is mentioned in my offer letter that a written notice period is required from both parties ( employee and employer.) Yes. You can sue them but barely one go to court. Still you can base your claim for 1 month pay on this ground that 1 month notice buyout is must.

4. Can they terminate me? in case if don\'t resign. Definitely yes. They can turn the table and simply show that the process is off and lay off. Unless you got access to good lawyer or CPM or Pol Party its practically difficult to fight with companies.....

Suggestion: Try to amicably resolve the matter taking HR into confidence....
13th July 2013 From India, Gurgaon
Please someone could confirm.
Gratuity consideration from the date of joining (4 years, 240 days) or from the date of confirmation?
22nd March 2018 From India, Bangalore
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