Am I eligible for gratuity if forced to leave early?
I was working as a teacher in a private school in Gurgaon. I was about to complete 5 years in my organization on April 8th, 2024. However, due to some reasons, I decided to resign with a 3-month notice period as per my contract. I resigned on January 31st, which means I would have served my notice period until the end of April. By doing that, I would have still completed my 5 years. However, the management of my organization decided to relieve me of my duties on February 15th. Before this, they asked me to add a line in my resignation stating "I don’t want to serve the notice period," which I refused to do. Now, the question is, am I still eligible for gratuity? They made me leave forcefully, didn’t let me serve my notice period, didn’t give any reason for their action, and said they had no grudges or complaints against me, as they were quite happy with my performance. What should I do in this case? They did pay me 3 months' salary as compensation as per my contract.

If the employer forced you to leave before completing your notice period, you may still be eligible for gratuity, as long as you completed more than 5 years with the company. Since they paid you compensation, consult a lawyer to assess if you can claim gratuity or take legal action for wrongful termination. For further legal assistance contact us on our helpline number.
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