Legal Question in Banking Law in India
live and gratuty
if employee is dismiss from bank can he is liable for his live encashment and gratuity
6 Answers from Attorneys
Re: live and gratuty
Yes, provided he is eligible under the law.
Re: live and gratuty
For gratutity you can claim.
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Re: live and gratuty
You may refer to the relevant service rules.
Re: live and gratuty
Please email full particulars of the case including letters/notices etc sent by the Bank after issuance of chargesheet,order of disc.authority,application for review made as also decisionof appellate authority on the appeal made to enable me to provide proper guidance as each disciplinary case is to be evaluated differently.E-Mail address is [email protected]
Re: live and gratuty
Regarding leave encashment, it depends upon the service rules of the particular bank. If those rules do not permit a dismissed employee from encashing his unavailed leave, he will not get it. If there is no such rule, then he can seek for encashment. Regarding gratuity, please refer to the Payment of Gratuity Act. If the dismissal is for misconduct amounting to an offence for moral turpitude, gratuity can be forfeited. Otherwise, normally gratuity is payable even in the case of dismissed employees of a bank
Re: live and gratuty
both depends upon rules of service.
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