Roshni_WYH
1

Hi,

I am in need of some clarity on what should be the relieving date of an employee who is being given severance pay of one month. This employee was terminated on 31 July and is being given a one month severance pay. Will his relieving date be 31 July or 30 August?

Thank you for your help.

From India, Mumbai
Madhu.T.K
4246

The severance pay is a compensation for termination. It is not a remuneration for service rendered. Therefore, the date of relieving and exit date should be 31st July only. From 1st August onwards he is not an employee of your establishment, and there will exist any legal relationship between the employer and the employee. No PF or ESI is deductible from severance pay since the amount is not a remuneration for work, and therefore, putting the date of 31st July as exit date will no way affect the PF/ESI.
From India, Kannur
Roshni_WYH
1

Thank you so much for your response!
From India, Mumbai
loginmiraclelogistics
1075

Hello,
Will you clarify whether the ex-employee was stopped from work w.e.f.31.7.24(being last working day) or 30.8.24 that is the key. Did he attend duty (not allowed to report) after 31st July ? If not then he will be treated as" relieved after the close of office hours of 31.7.2024".

From India, Bangalore
Roshni_WYH
1

31st July was last working day. Thanks for the explanation
From India, Mumbai
PRABHAT RANJAN MOHANTY
588

The last date of this ex-employee will be 31.7.24.
As company wants to end by 31/7/24,for the reason company paying up to 30.8.24 in lieu of notice. He should not be allowed to work after 31st July . If wrongly he is on service after 31/07/24 pay for the days his services taken by miscellaneous bill. Treated as" relieved after the close of office hours of 31.7.2024".

From India, Mumbai
JAGADEESHWARA
2

Hi,
You terminated him on 31.07.2024 and to the effect you gave him compensation.
Employee and employer relationship ends on 31.07.2024 itself. If you put some other date there will not be any value for termination and the employee will have every right to report back to duty.

From India, Bengaluru
loginmiraclelogistics
1075

I'm not clear w.r.t. the said 'severance pay' of one month that Roshini stated in the post dt.2.8.24. Does it represents 'the notice pay of one month' or the 'compensation for termination' I understand both are different, apart from the FnF settlement of course.
From India, Bangalore
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