CAN AN EMPLOYER FORFEIT THE GRATUITY PAYABLE TO AN EMPLOYEE TERMINATED ON THE GROUNDS OF SEXUAL HARASSMENT OF A WOMAN?
Can an employer forfeit the gratuity payable to an employee terminated on the grounds of sexual harassment of a woman?
Under the Payment of Gratuity Act 1972, an employer must pay gratuity to an employee who has completed at least five years of continuous service with the company.
Sexual harassment can be considered a form of moral turpitude. On the ground of moral turpitude, in the above case, the gratuity payable to the employee may be forfeited.
Moral turpitude refers to conduct contrary to the accepted rules of morality and involves dishonesty, fraud, or other forms of depravity.
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